아동ㆍ청소년의성보호에관한법률위반(강제추행)
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, such as the statement of the victim of the grounds for appeal, the charges of violating the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse against the victim are sufficiently recognized.
2. Determination:
A. The lower court determined that ① the victim’s testimony at the investigative agency and the lower court revealed only the victim’s photograph while checking whether the victim’s testimony was an offender. The lower court sent text messages to the effect that (i) the victim did not take appropriate measures to enhance the credibility of the victim’s statement; (ii) the victim’s identity procedure was conducted after approximately 21 months from the date of the occurrence of the case; and (iii) the victim’s first receipt of the victim’s photograph through the police officer “if memory is not clear, it would be the same as it would have been similar.” This appears to be the fact that the victim’s photograph appears to have served as the victim although he was suspected of being a suspect; (ii) the victim’s personal identification on the photograph was examined by the police at his own discretion, and it appears that the victim’s name as the offender appears to have an impact on the victim’s memory due to the victim’s appearance at the time of the victim’s oral examination; and (iii) the victim’s identity cannot be seen as having been sufficiently consistent with the victim’s faces statement at the lower court.