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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) one year has elapsed since the victim was subject to the first investigation after the lapse of one year from the time he/she was damaged; and (b) two or more years have elapsed since he/she testified in the court, making it difficult to consistently state the detailed matters; and (c)
Even if such motive is different from the content of the accusation, it is erroneous to reject the credibility of the victim’s statement on the grounds of such circumstances.
Therefore, the judgment of the court below that acquitted the victim of the facts charged of this case on the ground that the victim's statement was not reliable is erroneous and adversely affected by the judgment.
2. When comprehensively considering the results of the first instance court’s examination and the results of the further examination of evidence conducted from the perspective of the principle of court-oriented trial, the principle of direct trial, etc., and the result of the further examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the judgment of the first instance court on the credibility of the statement made by the witness in the first instance unless there are exceptional cases deemed significantly unfair to maintain the judgment of the first instance court (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). The lower court acquitted the Defendant of all the facts charged of the instant case on the grounds that the victim’s statement made by the witness in the instant facts charged was not reliable in the victim’s statement made by indecent act three times at the time
Examining the above judgment of the court below in comparison with records including the evidence duly adopted and examined, it cannot be deemed that there are special circumstances to deem that the court below erred in its determination that the fact-finding and judgment of the court below are correct, and that the victim’s statement is not reliable.
Therefore, the judgment of the court below is affected by mistake of facts.