The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal 1) The judgment of the court below which acquitted the victim D of the facts charged of this case on the ground that the credibility of the statement is doubtful, even though the victim D consistently stated the facts of damage based on the empirical rule.

2) The lower court’s dismissal of the request for an attachment order of an electronic tracking device was unlawful, despite the risk of repeating a sexual crime to the person who requested the issuance of an electronic device attachment order.

2. Determination

A. As to the assertion of mistake of facts, the summary of the facts charged in the instant case was committed by the Defendant on December 2, 2007 through January 2008 by force on three occasions at the Defendant’s residence located in Guro-gu Seoul, Guro-gu, Seoul and attempted to have sexual intercourse with the victim under the age of 13 who visited the meeting of his family by force on three occasions, and on 2008, the Defendant was forced to commit an indecent act against the victim under the age of 13.

2) The lower court determined as follows: (a) the victim’s police statement is mixed with the following circumstances: (i) the victim’s statement in the police statement, namely, ① the victim’s statement on unreasonable facts in itself; (ii) the victim’s statement on the inferred and inferred facts; (iii) the victim’s statement on the fact that it does not memory at the time of committing the crime; and (iv) the investigator’s statement on the fluorial and inferred facts; (iii) the victim’s fluoral and middle school counselors, despite the lack of memory and absence of memory in order to justify his own position and recognize the authenticity; (iv) the victim’s statement in the process of the victim’s statement in the police; (iii) the victim’s statement is excessively specific and conclusive in terms of the victim’s statement that is contradictory to each other in relation to the circumstances before and after the victim’s age; and (iv) the victim’s mother (K) and the middle school counselor (X).