성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)
The prosecutor's appeal is dismissed.
Considering the nature of the victim as a disabled person, the victim’s statement is consistent and specific as a whole, the victim’s statement is partially contradictory, but it is merely a scarcity part, and the victim does not have any special circumstance to dismiss the defendant, etc., it can be sufficiently recognized that the defendant committed similar acts against the victim, such as written in the facts charged.
Nevertheless, the court below found the defendant not guilty while rejecting the statements of the victim and D with credibility.
Judgment
(1) The lower court found the Defendant not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act on the grounds that “the evidence conforming to the facts charged is based on the victim’s statement or D’s statement, the police statement of the victim, the statement of the victim in the CD of the criminal investigation report (the report attached to the video tape CD, etc. 1 and 2 times the criminal investigation report), the statement in D’s investigation agency and this court, and the investigation report (the report of hearing of the DNA and the attachment of the photograph of the crime), but the report of investigation (the attachment of the photograph of the crime) only reconcepts the situation at the time of the crime by the victim’s statement. As the remaining evidence is based on the victim’s or D’s statement, it cannot be directly proven as supporting the facts charged in the instant case, and the credibility of the victim’s and D’s statement should be examined. For the following reasons, the facts charged in the instant case constitute
(2) First of all, in relation to the statement of the victim, ① the victim stated in the complaint that the defendant was at the time when the victim was the victim, but the police and the prosecution reversed the statement by stating that the defendant was not at the time when the victim was the victim, and ② the victim’s statement to the police that the defendant was only at the time when the defendant committed an indecent act.