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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal rejected the credibility of the victim's statement and acquitted the Defendant of the facts charged in this case. However, considering the fact that the victim's statement was specific and consistent, the Defendant intentionally induced the victim immediately before and after the crime in this case, and the conduct that the victim's behavior before and after the crime in this case was pointed out by the court below is not attributable to the fact that the victim's behavior that was difficult to obtain a certain degree of satisfaction is a juvenile with the victim's ability to cope with the crime and that it was not attributable to the fact that the victim was the juvenile with less mental maturity, the above victim's statement
Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. The burden of proving the facts charged in a criminal trial for judgment lies on the prosecutor, and the finding of guilt ought to be based on the evidence of probative value that leads the judge to the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(2) In light of the above legal principles, the court below's determination of not guilty of the facts charged of this case on the basis of the evidence duly adopted and examined by the court below is just and acceptable, and the prosecutor's allegation that the above assertion was delivered to the court below for reasons of appeal cannot be deemed to have any error in the above determination. Thus, the prosecutor's argument of misunderstanding of facts is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.