The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, such as the credibility of the gist of the grounds for appeal, F and H’s statements, recording records, and voice files recorded by the prosecutor, the defendant can sufficiently recognize the facts of assaulting the victim E, who is a lineal ascendant, as stated in the facts charged.

Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. According to the statements at each investigative agency of G, F, and H as shown in the facts charged of this case and the statements at each investigative agency of the original court, there are many parts that are inconsistent or inconsistent with the major circumstances of G, F, and H, and F and H’s statements at each court of the original court, the elderly victim’s self-conscept or grandchildren did not immediately feel 5 to 10 minutes of assault from the defendant. In light of these facts, it is difficult to believe that the statements at each investigative agency of G, F, and H and the statements at each investigative agency of the original court and at each court of the lower court are the victim. According to the recording of the record as to the victim, it is difficult to believe that the above statements at each investigative agency of G, F, and H and the statements at each investigative agency of the original court were at the time when the defendant was the victim. However, considering the fact that the elderly victim suffered dementia, considering the contents and attitude of the victim present at the court of the original court and the above records, it cannot be seen that there is lack of evidence to acknowledge the victim’s evidence before and after the record.