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The prosecutor's appeal is dismissed.
Reasons
1. The court below acquitted the defendant on the grounds that there is no evidence to acknowledge the facts charged in this case since each police statement against the victim was not recognized to establish the authenticity thereof or that the statement recorded in the protocol was made under particularly reliable circumstances. However, according to the materials submitted, the admissibility and probative value of the above statement is recognized.
On the contrary, the court below erred by misapprehending the facts or by misapprehending the legal principles against the rules of evidence.
2. Determination:
A. The summary of the facts charged is that the Defendant is a spouse by reporting the marriage with C on February 25, 1998, and the victim E (in women, 10 years old and 10 years old) born between D and his father and his father.
(1) On January 201, 201, the Defendant committed an indecent act by force, such as, in addition to the victim’s clothes, the Defendant, at the Defendant’s house located in Eunpyeong-gu Seoul Metropolitan Government FF loan 302, putting his hand in the victim’s house, putting his hand in the victim’s house, and panty knife his hand, and knife his part in the victim’s house.
(2) On January 201, 201, the Defendant committed an indecent act by force, such as: (a) the Defendant, even though he refused to do so, despite having the victim talked with his sexual organ at the home of the above Defendant’s head; and (b) the Defendant forced the victim to have panty speed in which the Defendant was suffering; and (c) the Defendant forced the victim to have his sexual organ boom at the home of the said Defendant.
(3) On October 201, 201, the Defendant committed indecent acts by force, such as putting in front of the victim’s clothes where television was reported at the front door of the above Defendant’s home, putting the hand in the victim’s clothes, gathering her chests, gathering her fingers under panty speed, and gathering her part in the victim’s drinking.
B. As to the above facts charged, the Defendant has consistently been established from the investigative agency to this court.