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The prosecutor's appeal is dismissed.
Reasons
1. As to the summary of the grounds for appeal (misunderstanding the facts) of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive means, etc.), the victim's statement concerning this part of the facts charged is credibility in light of the part of the defendant's statement consistent with the victim's statement and the remaining evidence submitted by the prosecutor
Nevertheless, the judgment of the court below which acquitted the charged facts of this part is erroneous and has affected the conclusion of the judgment.
2. Determination
A. Of the facts charged in the instant case, the summary of the Defendant’s violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive scheme) was found to have the Defendant’s house located in Seongdong-gu Seoul Metropolitan Government on April 25, 2015, and the victim D (a person under the age of 14) marked off the clothes of the Defendant’s house located in Seongdong-gu Seoul Metropolitan Government (a person under the age of 13:30 on April 25, 2015) with a video screen, “I am off the clothes of the Defendant,” and the victim was off the clothes of the Defendant and the sexual intercourse as above.
The Defendant: (a) while the Defendant she was shot of the body of the victim, while she was shot of the body of the victim in a camera created by the Defendant’s 6 mobile phone; (b) brought the body of the victim off to the lower part of the body by gathering the body of the victim; and (c) closed a small door of the body of the victim; and (d) “I want to delete the dynamic image taken by sexual intercourse,” and “I want to delete the body image taken by the victim. I am out of the body of the victim so that the victim might not escape, while I am out of the body of the victim, I am the contact sea with the cell phone of the victim so that I am out of the body of the victim so that I am out of the body of the victim.
Therefore, when the victim refused to be “Afda” and “Afad only that year,” the Defendant, by hand, dumped the two arms of the victim, and dumped the victim’s left side, and dumpdddddddddddddddddddd with the right arms, and had sexual intercourse once more.
Accordingly, the defendant had sexual intercourse with a child juvenile by force.
B. The lower court determined.