The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts) at the investigative agency of the victim and the court of the court below, the statement of the victim has credibility, and according to the statements of the victim, the facts of rape on two occasions can be acknowledged.

2. Determination

A. The prosecutor bears the burden of proving the facts constituting an offense charged in a criminal trial. The conviction must be based on evidence with probative value sufficient for a judge to have the authenticity and accuracy of the statement to the extent that there is no reasonable doubt. If there is no such proof, the conviction cannot be judged as guilty even if there is suspicion of guilt against the Defendant (see, e.g., Supreme Court Decision 2015Do11428, Feb. 18, 2016). In addition, where the Defendant strongly denies the facts charged, direct evidence consistent with the facts charged is proved by the victim’s statement, and the remainder of evidence is nothing more than a specialist based on the victim’s statement, in order to find guilty of the facts charged based on the victim’s statement, the victim’s statement requires high probative value to the extent that there is no doubt about the truth and accuracy of the statement, and when determining whether the victimized person satisfies such probative value, the victim’s statement itself, objective consistency, and the victim’s personal evidence examination principle should also be taken into account in light of the victim’s statement and the first instance judgment.

A witness of the first instance trial is the statement made by the witness of the first instance trial in full view of the results of the first examination of evidence and the results of an additional examination of evidence not later than the closing of the appellate trial.