성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal (public prosecutor) states that there are some statements about the part or process of indecent act by compulsion. However, in full view of the fact that “the defendant's father was disturbed” is a concrete and consistent statement about the core fact of indecent act by indecent act by indecent act by indecent act, the victim's mother G naturally states the background leading up to recognizing indecent act by indecent act by indecent act by indecent act by indecent act by indecent act, and the victim's statement by clinical psychologist L expert opinion analysis that there is credibility of the victim's statement by indecent act by indecent act by indecent act by the victim, the judgment of the court below which acquitted the
2. Determination
A. On August 22, 2010, the Defendant: (a) around 16:00 on August 22, 2010, around the restaurant of the E church located in Seo-gu, Busan; (b) on the part of the mother, the Defendant was able to become the victim F (V, 5 years of age) who was mixed with his/her mother and was in mixed with his/her mother; and (c) was panty by inserting his/her hand into panty.
Accordingly, the defendant committed an indecent act against the victim under 13 years of age.
B. The lower court found the Defendant not guilty on the following grounds: (a) the victim’s statement recorded in the video CD CD at the police station, the police protocol, and the victim’s mother, the mother of the victim’s act to commit an indecent act from the Defendant, as evidence consistent with the facts charged in the instant case; (b) the victim’s statement is difficult to be believed as it is in light of the following circumstances known from the evidence legitimately adopted and investigated by the lower court; and (c) the remaining evidence, such as the prosecutor’s investigation report (the result report) submitted by the public prosecutor, are insufficient to recognize the facts charged in
1) 피해자 진술의 문제점 가) 피해자는 추행부위에 관하여 처음에는 “똥꼬하고 찌찌하고 잠지”라고 진술하였으나, 마지막에 “잠지만 만졌다”고 진술하면서 처음에는 거짓말을 한 것이냐는 조사자의 질문에 대하여 “네”라고...