Text

The prosecutor's appeal is dismissed.

Reasons

1. misunderstanding of the gist of the grounds for appeal (based on the victim's consistent statement, etc., it is recognized that the defendant committed an indecent act against C with the victim's intent to commit an indecent act). 2. Considering the difference between the method of assessing the credibility of the first instance court and the appellate court in accordance with the spirit of the substantial direct and psychological principle adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the judgment of the court of first instance is sufficient and acceptable to maintain the first instance court's decision on the credibility of the statement made by the witness of the first instance, in light of the contents of the first instance court's decision and the evidence duly examined in the first instance court, or in exceptional circumstances where it is deemed that maintaining the first instance court's decision on the credibility of the statement made by the witness of the first instance court is considerably unreasonable, taking into account the results of the examination of evidence conducted in the first instance court and the results of additional examination conducted by the time of closing the arguments in the appellate court, the appellate court should not reverse the first instance's decision on the credibility of the statement made by the witness of the first instance.