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The prosecutor's appeal is dismissed.
Reasons
1. The judgment of the court below which acquitted all of the charges of this case on the charge of each of the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment, since the victim's statement in the summary of the grounds for appeal is consistent, reliable, and E's statement is also reliable.
2. Determination
A. In light of the circumstances stated in its reasoning, the lower court determined that it is difficult to view that the Defendant’s act of indecent act by force was proven without any reasonable doubt as stated in each of the instant charges.
B. We examine the circumstances indicated by the lower court on the grounds of innocence, and examine the following circumstances based on the evidence duly adopted and investigated by the lower court, since the victim and E’s statements are not consistent, contradictory to each other, and the other evidence submitted by the prosecutor alone is insufficient to recognize each of the facts charged in this case, the lower court’s aforementioned determination seems to be justifiable, and there was no error of misunderstanding of facts, contrary to the Prosecutor’s assertion.
1) Although the victim stated in the written statement on the day of the case that 5th day of the evidence, fiff has reached fiff on several occasions, the content of the statement about the method of indecent act is inconsistent, such as making the victim fiff at the lower court’s own chest, but in the police evidence record 21st day, fiff at the 21st day of the police evidence and making the victim fiff at his hand, and making the victim fiff at his hand, and making the victim fiff at his hand, even though fiff at the same time, fiff at several times, and making the other statement, unlike the victim’s assertion in regard to the specific method of indecent act by the defendant, fiff at the court of the lower instance, fiff at the victim’s chest, the defendant did not make a statement that fiff was born on several occasions, such as the victim’s assertion in the trial record.