성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The prosecutor's appeal is dismissed.
1. The victim's statement in the summary of the grounds for appeal is reliable, and according to the victim's statement, etc., the facts charged in this case are sufficient to prove it, but the court below acquitted the defendant of the facts charged in this case. Thus, the court below erred by misunderstanding of facts and misapprehension
2. Determination
A. The summary of the facts charged in the instant case was a person who operates a joint design in Nowon-gu in Seoul Special Metropolitan City, and the victim C (V, 12 years of age) was a patient of the said joint design from around 2016 to November 1, 2017.
1) On June 2017, at around 15:0-15:30 on July 2017, the Defendant: (a) 15:0-15:30 on the second floor below the above 2nd floor, the Defendant was driving a bridge in the victim, etc., who was going on the second floor of the above 2nd floor; (b) 1:0-1; (c) 2:0-1; and (d) 3:0 of the 201st floor of the above 2nd floor; (c) 2:0-1; and (d) 3:0-1; and (d) 3:0-2 of the 201st floor of the 2nd floor; and
(2) On June 2017 to July 2017, the Defendant was suffering from the Defendant’s inception of his own victim while on the part of his students, who had completed training in the said joint technical school.
Accordingly, the defendant committed an indecent act on the part of a child under 13 years of age on two occasions.
B. The lower court rendered a not guilty verdict on the facts charged on the ground that the victim’s statement that the Defendant committed a crime corresponding to the above facts charged was insufficient to deem that there is sufficient credibility and probative value as to the victim’s statement that there is no reasonable doubt as to the degree of credibility and probative value in the victim’s statement that the Defendant committed a crime corresponding to the above facts charged.
C. The recognition of criminal facts in the 1-related criminal trial case leads to a judge’s conviction to the extent that there is no room for a reasonable doubt.