The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. There is no inconsistency and consistency in the statements of the victim's investigative agency and the court below in the part of the victim's injury D, and the following day of the instant case also conforms to the victim's statement.

Although the victim stated that “1:35 on October 8, 2016,” at the time of the police investigation once, the date of the crime was changed to “23:00 on October 5, 2016.” However, since the victim made several reports on domestic violence of the Defendant around the time of the instant case, there was a possibility that he/she may be aware of the date, and the statement was changed without reasonable grounds.

shall not be deemed to exist.

The judgment of the court below which acquitted the victim of this part of the facts charged on the ground that the victim's statement cannot be trusted, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The victim was 10 years of age at the time of the instant case and was still an elementary school student, and the investigative agency and the court below clearly stated the facts of damage, such as this part of the facts charged, at the court below.

According to the victim’s arms taken on October 16, 2016, a week after the date of the occurrence of the instant case, it is confirmed that a hole is made in the victim’s arms, according to the victim’s body photographs (No. 14 pages of evidence records), which is consistent with the victim’s statement.

The judgment of the court below which acquitted the victim of this part of the facts charged on the ground that the victim's statement cannot be trusted, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case 1) On October 5, 2016, the Defendant, while drunk in the Defendant’s residence located in Pyeongtaek-si C apartment 106 dong 504, around 23:00, 2016, she opened the victim D (here, 30 years old), who is his/her father, under the influence of alcohol, with the victim’s her view to her being dried between the floor and the dried her as soon as possible, followed the dried her course by being aware of the fact that the victim’s her dried her was dried between the her floor and the her