성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the fact-finding and the misapprehension of legal principles) ① The victim’s statement related to paragraph (2) of the facts charged has been reversed in part of the detailed part. However, the main purport of the victim’s statement is consistent to the effect that “the defendant got off the victim’s buckbucks.” ② The defendant continued to force force the victim from the elementary school student to the high school student, and delivered the victim’s wife and the victim’s words at the time of the preparation of “incompetence” (hereinafter “incompetence of this case. 45 pages of evidence records”) to the effect that the defendant’s statement was delivered to H, the victim’s wife and the victim’s words at the time of the initial filing of the complaint, ③ the fact that the victim’s statement that does not include any content related to the facts charged of this case was considered to be more serious crimes, and it is difficult to view it as unreasonable and unreasonable from the perspective of ordinary people, and thus, the victim’s statement corresponding to each of the facts charged of this case can be fully convicted
Nevertheless, the court below rendered a not-guilty verdict on the ground that the evidence submitted by the prosecutor alone is difficult to recognize each of the charges of this case, and the judgment below erred by mistake or misapprehension
2. Determination
A. The summary of the facts charged is as follows: (a) the Defendant committed an indecent act by force against the victim by taking the victim’s shoulders and necks at his/her own seat from the ward located in the Defendant’s wife located in C, inter alia, from around 15:0 to 16:00 on August 24, 2013; and (b) the Defendant committed an indecent act against the victim by force on January 17, 2014, by taking the victim’s shoulders and necks from the main room of the Defendant’s residence located in 2nd floor, namely, the victim’s shoulders and necks of the victim, coming back with his/her shoulders and necks, coming back one time from the main room of the Defendant’s residence; and (c) the victim continues to sit in the above dwelling.