The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal - Legal principles

A. With respect to a sexual crime committed as a result of leaving evidence, such as the Red Sea, etc., the evidence of the Red Sea and the Suspension are important evidence that can obtain the DNA of the perpetrator, and there is a high need to keep the statement continuously until the judgment becomes final and conclusive because the suspect is likely to reverse the subsequent statement even if he/she appears at the police investigation stage

Although the Defendant was fully aware of this point as an investigator in exclusive charge of sexual assault cases, the Defendant terminated the investigation without any justifiable reason, and neglected to transfer the case to the prosecution without requesting appraisal, as well as without treating the seized articles, after being transferred the case.

Although the above behavior of the defendant constitutes a crime of abandonment of duties, the court below erred in the misapprehension of legal principle.

B. The Defendant was fully aware of the fact that the perpetrator’s use of the drug was an important issue in this case and that the perpetrator’s use of the drug should be reflected in the drug appraisal result.

Nevertheless, the defendant has repeatedly notified the victim of false appraisal results, and the investigation was completed without waiting for the result, asking for whether a drug was used, or confirming whether a drug was purchased or obtained by A, even though the result of appraisal was not returned, and the case was forwarded.

The defendant's behavior is not merely a mere failure or neglect to perform his duties, but also a critical part of his duties in relation to the investigation of the case. Thus, the defendant's behavior constitutes a abandonment of duties.