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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which acquitted the defendant of this part of the facts charged on the ground of minor disagreements in the victim's statement and non-indicted 1, although the statement made by the victim's investigative agency (the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse) is reliable, and according to the victim's statement, etc., it can be acknowledged that the defendant forcedly committed an indecent act against the victim. However, the judgment of the court below which acquitted the defendant of this part of the facts charged on the ground
B. The sentence sentenced by the lower court against the Defendant (2 million won in penalty, and 40 hours in completion of sexual assault treatment programs) is too uneasible and unfair.
2. Determination as to the prosecutor’s mistake of facts and failure to hear the case
A. The summary of this part of the facts charged is that the Defendant, at the home of the victim E (V, 12 years of age) located in Sinnam-gun, Sinnam-si, 2013, performed cleaning at the victim E (V, 12 years of age), she was frightening the body of the victim, and she was able to look at the body of the victim, and she was able to talk with the victim, and she was able to receive the clothes of the victim.
"At the same time, the victim's arms were knifeed from the knife to the knife with the knife's knife, and the knife knife knife with the knife knife, and the knife
On 2014, the Defendant: (a) reported the victim’s body at the end of the victim’s home at the same time; (b) thought that the victim’s body was mixed; and (c) followed the victim’s body.
“In doing so, the victim’s arms were taken several times from the knife to the knife by hand by hand, and the victim was forced by hand by hand to the knifebbbbbs.
B. The lower court, based on the duly admitted and investigated evidence, did not consistently state the following circumstances, that is, the victim was unable to consistently state at the time of the occurrence of forced indecent act damage.