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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the following circumstances, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding of facts and misunderstanding of legal principles, even though it is acknowledged that the defendant committed similar rape by inserting his fingers into the part of the victim's pel part and inserting his fingers into the part of the victim's pel part, and by putting the victim's sexual organ into the part of the victim's pel part.
In relation to similar rapes in alley, the victim also includes a characteristic description of the victim’s experience, such as ① the part on which the victim puts his finger in his fingers and in his fingers in his sexual organ, which reads accurately and in detail the part on which he puts his fingers into his fingers, and read the left hand in the future.”
It is because it does not require a concrete description that the victim did not describe the defendant's act at the time of the main interrogation of the prosecutor.
② Although there are some differences between the statement in the complaint and the statement of the victim, the statement of the victim is merely a concrete statement in the complaint, and the victim is a minor under 17 years of age who prepared the mixed complaint without adult assistance, and it is more natural that the whole facts of damage are not clearly described.
(3) There is no ground to determine that it is impossible to find that an act of a drunk victim's inclusion of fingers into a sexual intercourse by putting his/her fingers by drinkingly into the victim's part in the victim's part, while the victim booms by drinking.
④ The victim’s statement to the effect that “I am able to inserting fingers due to the stop of Ampha,” is a reply to the reason that the fingers could have been maintained in the state where the fingers were inserted, and it is difficult to see it itself as contradictory in itself, and even if some inconsistency exists, it is merely attributable to the victim’s statement of experienced facts.
(5) A victim shall be salved.