아동ㆍ청소년의성보호에관한법률위반(강제추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal of the victim's statement in the investigative agency and the court below's statement in the court below in relation to the facts charged in this case is consistent with the defendant's appearance in the school hours by putting his bucks down his bucks in the hand, and making his bucks away from the private teaching institute and immediately became aware of the fact that his her mother was damaged. Thus, the court below rejected the credibility of the victim's statement in accordance with the facts charged and acquitted the defendant. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Examining the judgment of the court below in a thorough comparison with the criteria for determining the credibility of the statement by the person claiming sexual assault victims, the court below is justified in holding the defendant not guilty on the ground that it is difficult to prove that the defendant committed an indecent act by force at the time and place indicated in the facts charged to the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act), and that the prosecutor’s assertion that the defendant was against the grounds for appeal cannot be deemed to have committed any error in the judgment of the court below.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.