성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is as follows: (a) the police and the prosecutor’s office of the victim, and the statement at the court of original instance, which correspond to the facts charged in the instant case, are credibility in light of the following: (b) around October 25, 201, prior to the police investigation of the instant case, the Defendant made a statement of partial confession of the instant crime in the police investigation; (c) around October 26, 201; (d) there is no special motive for the victim to make a false statement; (d) the victim’s statement about the content of damage; and (e) there is consistent and specific statement about the Defendant’s act.
Nevertheless, the court below rejected the victim's police, prosecutor's office, and court's statement on the ground that it is difficult to believe it, and there is an error of law by misconceptioning the defendant about the facts charged in this case.
2. Determination
A. The summary of the facts charged and the facts constituting the cause for the attachment order [the facts charged] and the person against whom the Defendant and the person to whom the attachment order was requested (hereinafter “defendants”) have served as a second-year teacher from March 1, 2009 to February 28, 2010 at the former Military of North Korea’s Office C elementary school.
On April 2009, the Defendant, at the first half of the second grade class C elementary school, allowed the students to pool a problem, and caused the victim D (at that time, seven years of age) to go back before the computer gate used by the Defendant as a seated school, and caused the students to go back to the same half of the family gate used by the Defendant, and caused the students to go up with the left hand as the part of the victim.
By the way of examination, the victim's panty panty panty, committed an indecent act by force against the victim who is a minor under the age of 13, and committed an indecent act by force over 10 times from that time to November 2009, such as the list in the annexed crime list.
[Facts constituting the ground for attachment order] The Defendant is found to have committed sexual crimes on two or more occasions as above, and the Defendant committed sexual crimes against a person under the age of 19.