A. While there is no consistency and credibility in the criminal defendant's appeal denying this part of the facts charged, which is erroneous in fact (the part of the judgment below's acquittal: rape, heavy confinement, and confinement) while the victim's statement that corresponds to the facts charged is reliable.

Defendant

The judgment of the court below which acquitted all of the facts charged by rejecting the credibility of the victim's statement even though it is difficult to recognize the consistency and credibility of the statement, is erroneous in the misapprehension of facts.

B. The sentence that the court below rendered unfair sentencing (two years of suspended sentence for one year of imprisonment, two years of probation observation, and forty hours of violent therapy lectures) is too uneasy and unfair.

2. Determination

A. As to the assertion of mistake of facts, the lower court found the victim’s statement that seems to correspond to this part of the facts charged was not reliable, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize this part of the facts charged, and each not guilty on the grounds that there is no other evidence to acknowledge it.

2) The facts constituting the elements of the offense charged in the instant court’s judgment ought to be based on strict evidence with the probative value, which makes the judge not having any reasonable doubt, based on the burden of proof, whether it is a subjective requirement or objective requirement, and the recognition of the facts constituting an offense ought to be based on the strict evidence.

Therefore, in a case where the prosecutor’s proof does not sufficiently reach the degree of having the above conviction, even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, the interests of the defendant should be determined by the interests of the defendant (see Supreme Court Decision 2010Do1487, Apr. 28, 201). In addition, direct evidence corresponding to the facts charged lies in the victim’s statement, and the remainder of evidence is merely a specialized evidence based on the victim’s statement.