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The prosecutor's appeal is dismissed.
Reasons
1. In light of the language ability of the victim, peculiarity of the victim's statement to be interpreted through a sign language interpretation, time interval between the victim's statement in an investigative agency and the statement in the court of original instance, etc., even if the victim made a statement that is not consistent with the circumstances leading to the crime, the credibility of the victim's statement shall not be easily rejected.
Since the victim consistently stated the core part of the facts of damage, and the defendant also made a statement consistent with the victim's statement, the court below acquitted the victim of the facts charged of this case on the ground that it is difficult to view the victim's statement as evidence with high probative value. Thus, the court below erred by misunderstanding of facts or misunderstanding of legal principles on the ground that it is difficult to regard the victim's statement as evidence.
2. Determination
A. Before determining the grounds for appeal by an ex officio prosecutor, the prosecutor shall ex officio examine the facts charged in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) in the court, while maintaining the facts charged in violation of the existing Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes as the primary facts charged, and the name of the crime in the preliminary charge is “violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (com
C. As stated in Paragraph 1, an application for amendment to a bill of amendment was filed with the content that added as stated in the “preliminary facts charged,” and this Court permitted the application and added the subject of the judgment.
However, since the prosecutor's argument of mistake of facts and misapprehension of legal principles on the primary facts is still subject to the judgment of this court, the prosecutor's appeal against the primary facts and the ancillary facts added by this court.