The prosecutor's appeal is dismissed.

1. The lower court rendered a dismissal of prosecution on the charge of indecent act by force against the victim B among the facts charged, and on the charge of indecent act against the victim C by force.

The defendant did not appeal against the judgment below, and the prosecutor appealed only from the acquittal part of the judgment below and the dismissal part of the above indictment became final and conclusive.

Therefore, the scope of the judgment of this court is limited to the indecent act by compulsion against the victim B among the facts charged in this case.

2. According to the summary of the grounds for appeal, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, although all of the facts charged in this case against the victim B (hereinafter “victim”) were acknowledged.

3. In a judgment of conviction in a criminal trial, the conviction ought to be based on evidence of probative value, which leads to a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Therefore, in a case where the prosecutor’s proof is insufficient to such a degree that it would lead to such conviction, the determination ought to be based on the defendant’s benefit even if there is a suspicion of guilt.

The defendant has consistently denied the facts charged from the investigative agency to the court of the court below. In order to find the defendant guilty on the ground of the victim's statement, which is the only evidence supporting the facts charged, because there is no direct evidence to acknowledge the facts charged except the victim's statement in the record, the credibility of the defendant's statement to the extent that the facts charged are true beyond a reasonable doubt in light of the reasonableness and feasibility of the contents of the statement itself, objective circumstances and empirical rule, etc.

(See Supreme Court Decision 2014Do7945 Decided November 26, 2015, etc.).