The credibility of the testimony of Maternia who is only five years of age at the time of the case

Since the 5-year old young children have no ability to judge things, the testimony of the 5-year old young children can not be accepted and considered as evidence of guilt.

Article 308 of the Criminal Procedure Act

Defendant

Prosecutor

Chuncheon District Court of the first instance (Law No. 62 high-3)

This prosecution is dismissed.

The reason for the public prosecutor's prosecution and the summary of the defendant's answer are the same as the reasons for the public prosecutor's prosecution separately added and the defense counsel's answer.

Public prosecutor's testimony was found to have been seriously mistaken for facts in violation of the rules of evidence. On December 31, 1960, the defendant's testimony was found to have been found to have been sworn by Non-Party 1, his father at his own house, and his father at night, and the fact that he died because his father was addicted to drinking at night. The defendant clearly stated that he did not kill Non-Party 1, who is his wife at night. The defendant's direct evidence of this case is that it was difficult to sworn up with Non-Party 2, who was the second infant of the defendant at the time, and Non-Party 3, who was the third child at the time of his death. In light of the contents of evidence of Non-Party 2, the defendant's testimony was not consistent with his own body at the time of his death, and his father's testimony was sworn up to the first time, and then his father and the contents of his testimony was altered to be sworn up to his body, and then his father and the contents were altered.

Then, Non-Indicted 3 also stated that he saw that his father spathy spathy spathy spathy is spathy to be spathy, and his father spathy to be spathy in the examination at the application of the investigation agency or the court below for the preservation of evidence. However, although the contents of the testimony at the court below merely stated that he was aware that he was not dead to be spathy, and how he was spathy and spathy to be spathy, and that his father was spathy to be spathy, and that he was spathy to be spathy, and that he was spathyed, and that he was our experience that he was only five years old at the time, and that he did not have the ability to judge things, it cannot be considered that the witness's spathy's ability to be spathy.

Therefore, the facts of this prosecution must return to the absence of proof of crime due to insufficient evidence of crime, and to the same purport, the judgment of the court below which acquitted the defendant is reasonable, and since the prosecutor's prosecution is without merit, it is so decided as per Disposition in accordance with Article 364 (3)

Judge Term of Office (Presiding Judge)