The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is erroneous (based on the evidence submitted by the public prosecutor, it is recognized that the defendant committed an indecent act against the victim who was present at the same time as the facts charged in this case). 2. Considering the difference between the method of evaluating 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 Korean Criminal Procedure Act as an element of the trial-oriented principle, the judgment of the court of first instance is difficult to conclude that the first instance court clearly erred in the determination of the credibility of the statement made by the witness in the first instance, or that considering the evidence duly examined in the first instance court in light of the contents of the first instance court ruling and the evidence duly admitted in the first instance court, and it is difficult to view that the first instance court’s determination on the credibility of the statement made by the witness in the first instance as it is is unreasonable to maintain the first instance court’s determination on the credibility of the statement made by the witness in the first instance court by the time of the closing of argument in the appellate court, and it is also difficult to acknowledge the first instance judgment’s determination on such ground.