A. The gist of the grounds of appeal is that the lower judgment that recognized the victim’s statement alone, although the Defendant did not have committed indecent act by compulsion or rape against the victim C, erred by misapprehending the facts.

B. Determination 1) In determining the credibility of a statement when a minor victim made a statement that he/she had been raped, indecent act by force, etc. from his/her relatives in the position of protecting and supervising him/her, the court below rejected the credibility of the statement without any justifiable reason even if the statement appears to be somewhat unclear or inconsistent due to the apparent difference in the expression method or the difference in the expression (see, e.g., Supreme Court Decision 2006Do3830, Oct. 26, 2006). The court below determined that the defendant's act of indecent act and the defense counsel's defense counsel's defense counsel's conviction is sufficiently acknowledged based on the following circumstances, based on the comprehensive consideration of the evidence admitted by the court below.

(1) The victim's sexual organ shall be replaced by the victim's sexual organ, after the defendant entered the victim's room and took the leave of the victim, from July 2010 to July 3, 2010 to the court of law, when the victim was from July 5, 201 to the third year at an elementary school.