The prosecutor's appeal is dismissed.

1. The gist of the prosecutor’s appeal is that the victim D (W, 14 years old) is between the defendant and the restriction.

However, the victim got a young juvenile to die in a sound manner with the defendant, and the victim also clarified his intention to refuse physical contact with the defendant.

Even if you had to do so, the act of putting his hand into the inner kn's own kn's own kn's own kn's own kn's own kn's own

Although the victim expressed his/her intention to refuse, so long as the defendant has committed an indecent act against the defendant, the defendant was guilty.

must be viewed.

Although the victim's statement is reliable, the judgment of the court below that acquitted each of the facts charged of this case is erroneous and adversely affected by the conclusion of the judgment.

2. Determination

A. The lower court determined that each of the relevant statements made by the victim and the Defendant has high probative value in light of the following circumstances, etc.

The facts charged of this case cannot be seen, and the court acquitted each of the charges of this case.

1) Taking into account the circumstances surrounding the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compontion), the victim had considerable fear and incompetence against the Defendant, if the victim was to have committed a crime of attempted rape from the Defendant in the telecom. However, the victim showed that he continued the teaching system without any particular problem even after leaving the telecom.

After the occurrence of the case, the victim's behavior is a very unusual behavior of the person who has been rapeed.

② Although the victim had the opportunity to report to the police, the victim did not report the damage, the gold, who heard the fact that the victim had the police during the dispute with the defendant, was sexually indecent act against the defendant.