성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
The prosecutor's appeal is dismissed.
1. The court below which acquitted the victim's child's statement, the summary of the grounds for appeal, has sufficient credibility in relation to the conduct of indecent acts by compulsion, and even though this is supported by the statement at an investigative agency of the victim's mother's mother, the court below should reverse the judgment by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged of the instant case was that the Defendant walked around September 23:30, 201 by the victim (hereinafter “the victim”) before the victim’s mother-child on September 7, 201, and the Defendant met the part above the victim’s clothes by carrying the victim’s chest from the rear side of the victim, and the other hand.
B. The lower court rendered a judgment that acquitted the Defendant on the following grounds.
1) At the time of the investigation into the police investigation agency with regard to the victim, E, the mother of the victim, was involved in the victim’s damage situation and affected the victim. The investigator did not secure the victim’s free statement by making a leading and closed question. Thus, it is entirely difficult to fully trust the victim’s statement because the investigator did not secure the victim’s free statement. 2) The victim merely merely refers to the body part of the victim, but the defendant was the chest as stated in the facts charged.
It has not been explained that there has been a sound or accurate appearance.
3) The victim’s mother E, the investigative agency, made a statement to the effect that the defendant had a negative mind of the victim at the investigative agency, but did not directly see the victim’s sexual organ despite having been present at the court of the court below to the effect that the defendant was aware of the victim after the defendant, and cannot be used as evidence to support the victim’s statement because it does not themselves have credibility. 4) Ultimately, according to the victim’s and E’s statement, the defendant is inside the rear side of the victim.