성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)
The prosecutor's appeal is dismissed.
1. The court below found that the defendant's statement of the victim was not reliable without reasonable grounds and found the defendant not guilty of the facts charged of this case. The court below erred in the misapprehension of facts.
2. The lower court determined that the victim’s statement as evidence proving the facts charged of the instant case is in fact only the victim’s statement as evidence, and, in light of the circumstances set out in paragraphs (a) through (e) of Article 2-A of the reasoning of the lower judgment, the victim’s statement has credibility to the extent that it
In addition, it is difficult to see that the facts charged in this case were proven only by the evidence presented by the prosecutor.
On the ground that it is difficult to see that the lower court found the Defendant not guilty of the facts charged of this case, and closely examined the aforementioned judgment by comparing it with the records, it is deemed justifiable, and there was such error as alleged by
subsection (b) of this section.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.