성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The prosecutor's appeal is dismissed.
1. In full view of the summary of the grounds for appeal (misunderstanding of facts), the statements of the victim and the witness, the opinion of the professional examiner about the credibility of the statements of the victim, and the fact that the victim is a child with intellectual disability with the degree of 5 to 6 years of age, the lower court rejected the statements of the victim despite the fact that the credibility of the statements of the victim is sufficiently recognized.
In addition, the defendant had been in the state that the victim had already been in the custody of clothes at the time he entered the toilet.
Despite the statement, the court below found the defendant not guilty of the facts charged of this case on the ground of arbitrary judgment that there was possibility that the victim was an excessive reaction of the defect in the behavior that the defendant tried to take in clothes for the victim who was exempted from clothes, and that the defendant did not fit the defendant's statement.
Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. Determination
A. The prosecutor bears the burden of proving the facts constituting an offense indicted in a criminal trial, and the conviction shall be based on the evidence with probative value sufficient to have a judge conviction that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is a doubt as to the defendant's guilt, it shall be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2012Do1507, Jul. 24, 2014). (b) Taking into account the following circumstances concerning the evidence duly adopted and examined by the court below (no additional evidence submitted in the trial) and the credibility of evidence, such evidence cannot be said to lead to the conviction that the facts charged in this case are true to the extent that there is no reasonable doubt even if collected evidence by the prosecutor, and thus, the court below acquitted the defendant of the facts charged in this case on the grounds as stated in its reasoning.