Nevertheless, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.

2. Determination

A. The summary of the facts charged is as follows: ① The Defendant: (a) at the dwelling space of the Defendant at the Defendant’s farm located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si; (b) made the Defendant-friendly wife E (here, F) of the Victim E (here, F); and (c) “I am how much our her panty?” (I am how much our her panty paths were ever?”; and (b) around the summer of February 2014, the Defendant collected the Defendant’s her panty by inserting the Defendant’s her panty in the Defendant’s cell located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si; and (c) took the Defendant’s her panty by inserting the Defendant’s her panty in the way

Accordingly, the defendant committed an indecent act on the part of the victim under 13 years of age who was related by blood twice.

B. In light of the following circumstances acknowledged by the adopted evidence, the lower court acquitted the victim of the instant facts charged on the ground that it is difficult to believe that the victim’s statement contained in the video CD, which is the only direct evidence corresponding to the facts charged of the instant case, is the same and no other evidence exists to prove the facts charged of the instant case.

1) In the course of the recording of the statement made by the victim in an investigative agency, the victim made a statement to the effect that it corresponds to the facts charged of the instant case (hereinafter “the victim’s investigative agency’s statement”). However, the written statement prepared by the victim was submitted to the court of the lower judgment after the instant prosecution was instituted. The said written statement aims at divorce between G and the Defendant along with “the victim’s mother (the victim’s child) and H (the victim’s child).