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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the victim C has no reason to file a false complaint with the investigative agency from the time of the crime of this case to the court of the court below, namely, the defendant's finding of the victim and extinguishing the victim's clothes, the victim's attempt to escape from his clothes, and the victim's request for assistance by avoiding them, and the F's statement residing next to his house at the time also conforms to the victim's statement. The victim's statement is not consistent, and there is no reason to file a false complaint to gather the defendant at the risk of sexual humiliation and at the risk of sexual humiliation. On the other hand, the victim's statement at the investigative agency and the court of the court of the court below is somewhat different in some detailed aspects. However, the victim's statement in this case was occurred 10 months prior to the victim's statement at the court of the court of the court below, and thus, the victim's memory has become rare depending on the time after the victim's statement at the court of the court of the court below.
Nevertheless, the court below rejected the victim's statement for lack of credibility and acquitted all of the charges of this case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination:
A. The Defendant, around September 2012, became aware of the Victim C (Y, 51 years of age) residing in the same Dong-dong (N, 51).
(1) At the end of 00:30 on the end of December 2012, the Defendant: (a) found the victim’s house in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon; (b) tried to dump the victim’s scule, and dump the victim’s scule, and dump the victim’s scule.
The defendant continued to be sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually.