On the other hand, it is difficult to reverse the statement that the defendant denies the crime and denies it again after the confession.

Therefore, the judgment of the court below which acquitted the victim on the ground that the victim's statement is not reliable.

2. Determination

A. The lower court’s determination is the only evidence that conforms to the facts charged in this case, and the victim’s investigative agency and the lower court’s statement on kumkyky, in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, it is difficult to believe that the statement is in fact, and the evidence submitted by the prosecutor alone proves that the Defendant committed an indecent act as to the facts charged is beyond a reasonable doubt.

It is difficult to see

Based on the judgment, innocence was recognized.

1) At the time of the instant case, the victim was committing an indecent act by the Defendant while on the back of the taxi at the time of the instant case, while on the other male passengers, and the victim stated that the said passenger was committed by committing an indecent act by the Defendant, while getting off the taxi and getting off the taxi, and the victim also went out of the taxi.

In this regard, it is difficult to readily accept the fact that ① engaging in indecent conduct like the facts charged among other passengers, and ② engaging in indecent conduct against the victim, the fact that male passengers were frightened and first made in the taxi, and that male passengers were on board the taxi as above, and even though they were on the taxi, it is also difficult to readily accept that the victim was on board the taxi.

2) At the police investigation stage, the victim was able to commit an indecent act against the male-gu sexual intercourse with “the male-gu telephone from the taxi” and “the male-gu sexual intercourse with the male-gu.

Although the statement stated that it was “,” it is himself in this Court.