성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal - The court below rejected the credibility of the victim's statement, and acquitted the facts charged in this case by misunderstanding the facts and misunderstanding the legal principles, in consideration of the circumstances where the crime was first discovered and reported, the circumstances where the victim's statement was made, the characteristics of the victim's statement, and the consistency of the victim's statement concerning the indecent act, which is the core contents of the victim's statement.
2. Determination
A. The Defendant, at around 17:00 on January 4, 2016, committed an indecent act by committing an indecent act in the same manner at the same place as the victim’s son’s son and son’s son’s son’s son’s son’s son’s son, and around 17:00 on June 4, 2016 at the same time.
B. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that there is sufficient credibility and probative value in the victim’s statement as to the fact of damage, even if considering the victim’s age and the lapse date, to the extent that there is no reasonable doubt on the victim’s statement.
For the reason that it is difficult to see that the defendant was acquitted.
1) While the victimized person was born at first and first at the stage of investigation regarding the form of indecent act, the Defendant was her only knife on the part of the negative part, on the part of the Defendant.
On the other hand, the Defendant was kicking with his fingers while drinking a part of his arms, and was kicking with his fingers.
On the other hand, the defendant was able to write down a part of the sound book.
The statements made by the victim are not consistent.
2) The victim stated the details of the class that occurred at the time of the Defendant’s indecent act in the visiting learning site differently in the stage of investigation, and was the fourth class on the time of the first indecent act, and was the second class, and was 9 times in the frequency of the indecent act, and was said to be more than once.