beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that each of the statements made by the victim E and C investigation agencies and the court below in the case is inconsistent or inconsistent. The court below acquitted the defendant on the charge of this case on the ground that the victim E and C investigation agencies and the court below found the defendant not guilty. Although each of the statements made by the victim E and C is partially inconsistent or inconsistent, the special situation of the victim of sexual assault should be taken into consideration even if there is a face to be partially inconsistent or inconsistent. However, when considering each of the statements made by the victim E and C in the overall context, each of the statements made by the victim and C is mutually consistent and consistent, the court below acquitted the defendant on the other premise
2. Determination
A. The prosecutor is responsible for proving the criminal facts charged with false accusation, and the recognition of the criminal facts must be based on the evidence with probative value to the extent that there is no reasonable doubt. Therefore, if there is no such proof, the defendant is suspected of guilty.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2005Do4737 delivered on February 24, 2006, etc.). B.
Based on the above legal principles, the court below judged the defendant not guilty of the facts charged in this case on the grounds that the evidence submitted by the prosecutor alone, based on the facts and circumstances as stated in its reasoning, is insufficient to deem that there is sufficient proof to the extent that there is no reasonable doubt as to the facts charged in this case, and that there is no other evidence. In comparison with the above judgment of the court below, the judgment of the court below is just and it is not erroneous in the misapprehension of the legal principles as alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.