강간
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is consistent in the investigation agency as well as the court below’s decision on the same damage as the facts charged, and thus, the victim’s statement is credibility in the victim’s statement. The defendant’s statement that the victim of 20 years of age was sexually harsh and her father and the defendant, who is the her her her son and her her son, was born first, without any prior sexual assistant principal, is not credibility in itself.
In the absence of a proper understanding of gender-sensitiveness, the jury made a wrong judgment that it is impossible to believe the victim's statement by judging only from the appearance of the victim who can not properly respond to the situation, compared to the defendant who prepared his claim in advance and made a statement in the next step.
The judgment of the court below that acquitted the jury on the sole basis of the erroneous judgment is erroneous in the misapprehension of facts and adversely affected the judgment.
2. Determination
A. As to the assertion of mistake of facts, the lower court determined that the instant facts charged constituted a case where there is no proof of crime on the ground that it is difficult to view that the instant facts charged was proven to the extent that there is no reasonable doubt in light of the rules of evidence and evidence, etc. after having undergone a participatory trial to examine victims as well as Defendant interrogation, etc.
In criminal trial proceedings conducted in the form of a participatory trial system introduced to enhance democratic legitimacy and trust of the judiciary, the collective opinion presented to the full bench about the recognition of facts by the jury composed of citizens who are cultivated through strict selection procedures is a recommended effect to assist the judgment of the judge of the fact-finding court who has full power over the preparation of evidence and the recognition of facts under the substantial direct and psychological principle and the court-oriented principle, and the jury is a judge.