공갈등
The prosecutor's appeal is dismissed.
1. Although the summary of the grounds for appeal (misunderstanding of facts and legal principles) and each statement made by the victim and D at an investigative agency are reliable, the court below erred by misapprehending the facts or by misapprehending the legal principles on the grounds of erroneous determination as to the credibility of facts and evidence.
2. The lower court determined as follows: (a) the victim, D, and E testified as evidence consistent with the facts charged in the instant case; (b) the victim, D, and E testified to the effect that they reverse the investigative agency’s statement; (c) the victim’s testimony was not sufficient to regard the victim at the time of the lower court’s trial as being a witness; (d) the victim, D, and E testified to the same effect as the victim’s above statement; (d) the statement made at the investigative agency was not witnessed at the scene; and (e) the victim’s testimony was hard to view the victim’s behavior as evidence to support the facts charged; (e) the victim’s testimony was made at the investigative agency to the extent that it was difficult to view that the victim and E did not have any reasonable opportunity to cross-examine; and (vii) the victim’s testimony and E were made in light of the following circumstances: (e) the victim’s motive and the victim’s testimony were not made once more likely to have been made; and (vii) the victim’s testimony and E.