성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal in this case is that the victim E and the victim F made statements that correspond to each of the facts charged in this case, and since the victims who are 9 years of age and 12 years of age have reduced their ability to voluntarily make statements in their language at the time of damage and their ability to specify the damage, the investigator's statements at the time of the police investigation are mainly made of the victims' statements using the proviso, proviso, the right of inquiry, the type of statement, the open promotion law, etc. rather than open questions. In the case of the victim F, it is doubtful that the mental body is doubtful in light of the attitude and content of the statements, and there is no voluntary explanation or description of the circumstances of the indecent act by compulsion. It is more natural that the victim's statements are made in full view of the fact that the victim's statements were made at the time of the police investigation, but there is some questions about some investigators, but it is not clear that the victim's statements were distorted as much as the victim's statements were distorted.
In addition, considering the time when the victim E expresses the fact of damage to M and the time when M reports the sexual violence of this case to other facilities when the victim reported the victim to M by violence, there is no possibility that the victim did not know the fact that the victim's statement was contaminated by the elementary school teachers, and the professional examiner S analysis to the effect that the victims' statement is not reliable, even if it is inconsistent with the analysis of T expert, it is not proven that the victim's expertise was not verified, and it does not take into account the situation that the victim F's intellectual ability is somewhat lacking.
Nevertheless, the lower court rejected the credibility of the victims’ statements, and deemed that the remainder of the evidence submitted by the prosecutor alone was proven to the extent that there is no reasonable doubt as to each of the charges of this case.