beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is likely to be affected by the parents, etc. of the victim, and the remaining court statements and the statements of the victim's investigative agency, which correspond to the facts charged in this case, are accepted as credibility, and the judgment of the court below which acquitted the victim of the facts charged in this case is erroneous in matters of law.
2. Determination
A. The Defendant, as his wife’s father, had the mind to force the victim D (the age of 15) who is a disabled person of Grade 3 with intellectual disability to commit an indecent act. On April 2013, the Defendant: (a) had the victim’s home located in Dong-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, and prevented the victim from leaving the victim’s home at the victim’s home; (b) had the victim’s chest, am, and knife with the victim’s chest, knife, and knife with the victim’s chest, knife.
B. After recognizing the facts as indicated in its reasoning, the lower court found the Defendant not guilty of the instant charges on the following grounds: (a) it is difficult to conclude that the victim’s police testimony and partial statement in court are not admissible as evidence of guilt because credibility is doubtful; and (b) it is difficult to avoid the possibility of causing a mistake by inducing the question of N orO, which is suspected of engaging in an indecent act against the victim, resulting in confusion with the facts damaged to H or
(1) The victim lack consistency in the victim’s statement made a relatively consistent statement in the police to the effect that “the defendant to be sunken was only the victim’s chest and her mother.” However, when the 1 and 2 statements were made on whether her mother was in the home at the time, her mother also made a statement as if her was in the place where her was committed an indecent act, her mother made a statement as if her was found and her indecent act was committed by the victim in the police’s statement.
In addition, on November 10, 2013, the victim had his father and dialogueed in the Daejeon Specialized Child Protection Agency protection facilities on November 10, 2013, and "the defendant was aware of sexual indecent act."
It.