성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The prosecutor's appeal is dismissed.
1. The lower court rejected each of the statements made by the victim, F, and D as to the summary of the grounds for appeal, and acquitted the Defendant of the facts charged.
Therefore, the court below erred by misapprehending the legal principles and affecting the conclusion of the judgment.
2. The lower court, based on its stated reasoning, acquitted the victim of the facts charged on the ground that the statements made in the victim’s investigative agency are not consistent, and that the overall statements made in the victim’s investigation agency are insufficient to recognize the facts charged even in light of its content; the victim’s mother’s statements made in F are not consistent; thus, it is difficult to believe that the overall statements made in G and D are insufficient
Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt as to the facts charged of this case.
Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case does not err by misapprehending the facts as alleged by the public prosecutor.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.