The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim of the Defendant case consistently stated from the investigative agency to the court below that the Defendant and the respondent for an attachment order (hereinafter “Defendant”) were forced to commit indecent acts by force.

Even if a part of the victim's statement is inconsistent with or reversed, it is because the victim's age was deteriorated and a considerable time has passed since the victim suffered damage.

Nevertheless, the lower court determined that it was insufficient to recognize that the Defendant committed an indecent act by force against the victim on the premise that it is difficult to credibility the victim’s statement. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of

B. It is improper to dismiss a defendant's request for an attachment order of an electronic tracking device on the part of the request for the attachment order.

2. Determination

A. The crime of violating the relevant legal doctrine is established when a child or juvenile commits a crime under Article 298 of the Criminal Act against a child or juvenile.

On the other hand, the crime of indecent act by compulsion under Article 298 of the Criminal Code is established by indecent act by means of violence or intimidation, and such violence or intimidation is required to be such a degree that it is difficult to resist.

In addition, whether such assault, etc. was likely to make it difficult for the victim to resist shall be determined by comprehensively taking into account all the circumstances such as the content and degree of the assault, etc., the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of the indecent act and the subsequent circumstances.

(see, e.g., Supreme Court Decision 2011Do8805, Jul. 26, 2012). (B)

The victim stated that he was guilty of indecent act from the investigative agency to the trial of the party, relatively consistent, and the content of the statement is difficult to identify a person who did not specifically and experienced, and the victim also has a clear reason to gather the defendant or make a false statement.