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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is as follows: although the court below rejected the credibility of the victim's statement on the grounds of the circumstances indicated in its reasoning, the victim consistently stated the victim's damage caused by indecent act by compulsion; the victim at the time of the instant case is a child living together with the victim; thus, the victim could not take actions, such as escape from the defendant by putting in fear in fear; there is a case where a sexual offender committed a sex crime because he did not take the desire even by witness; it cannot be readily concluded that the use of credit card at the time of the instant crime by the victim and his family members did not reside in the center of the defendant's mother house ("the center of the defendant's mother house"), which is the place where the victim and his family members are committing the instant crime in Western City C; since the victim could be inferred to a person close to the defendant's crime, a relative, and even if he did not take out the damaged fact after a considerable period of time from the date of the crime or talks to a third party with no trust relationship, the credibility of the victim's statement can be sufficiently acknowledged.
Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.
2. Determination
A. The lower court’s judgment: (1) The victim’s statement is practically flexible with direct evidence to acknowledge the facts charged of the instant case.
② Comprehensively taking account of the facts and circumstances found by the evidence duly adopted and examined by the lower court, the victim’s “the Defendant” came to the left side of the victim who was divingd from the peltoum house of this case around the summer in 2013, took charge of the victim’s chest, put the victim’s chest into the victim’s sexual organ, put the victim’s finger into the victim’s sexual organ, and continued to have the victim’s sexual organ and the Defendant’s fingers.