아동ㆍ청소년의성보호에관한법률위반(위계등간음)
The prosecutor's appeal is dismissed.
The statement of the victim in the summary of the reasons for appeal by the prosecutor is reliable as it is stated in a concrete, consistent and experienced fact memory.
In full view of the contents and age of the victim's statement, social experience, mental and physical state due to drinking, circumstances leading to sexual intercourse, etc., the exercise of the defendant's power may be sufficiently recognized.
Nevertheless, the court below acquitted the facts charged. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.
Judgment
The judgment of the court below held that ① whether the defendant exercised the force of force against the victim, whether the victim was retired from office because he expressed his intention of refusal, ② the victim’s statement as to whether the victim was exempted from office and the statement of witness D and E are contrary to the victim’s statement, ② the victim filed an application for F-gu relationship with the defendant after the instant case, and continuously received contact with the defendant, and made several requests from the defendant. This is difficult to view it as the behavior of the victim of sexual assault, ③ The victim did not have an atmosphere where the victim forced the game to force.
I wish to go to the House for the game.
There is no fact that it was in fact.
There is no statement that the defendant forced the defendant to go to the 1st week.
Skins not to do so or not to do so.
The method of compulsory enforcement was not determined.
In light of the fact that testimony was made to the effect that it was not a forced atmosphere, the charges were proved to the extent that the victim’s statement, E’s statement, and the remaining evidence submitted by the prosecutor was beyond a reasonable doubt.
It is difficult to see
The defendant was found not guilty.
The court below rejected the credibility of the victim's statement in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below in light of the circumstances presented by the court below.