The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error, misunderstanding of legal principles) victim C (the 8 years old) made specific statements about the facts of damage without inducing the investigator to answer or being affected by the outside at the time of the prosecutor’s video recording interview. The circumstances leading up to the instant report are natural and the credibility of the said victim’s statement is high.

Nevertheless, the lower court rendered a not guilty verdict on the facts charged of this case that “the Defendant was guilty of the victim C’s face and left chest, and forced indecent act by force, of the victims under the age of 13, who met and met the victim D(the age of eight).” In so doing, the lower court erred by misapprehending the legal doctrine or misconception of facts.

2. Determination

A. In a criminal trial, the finding of guilt must be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

In a case where the evidence submitted by the prosecutor alone does not reach the degree of conviction, the determination should be made with the benefit of the defendant even if there is a suspicion of guilt.

(1) In order to determine the existence of an indecent act against a victim in a situation where it is ordinarily difficult to expect that an indecent act against a victim was committed, such as a place open to the majority of people at a low time, if the statement of the victim or the statement of a person closely related to the victim is the sole evidence, in order to determine the defendant guilty on the ground of this, the conviction that the statement of the victim or the statement of the person closely related to the victim is true to the extent that there is no reasonable doubt in light of the objective circumstance and rule of experience as well as the reasonableness and feasibility of the statement itself, and that the facts charged are true to the extent that the statement of the victim or the statement of the person closely related to the victim is not likely to be made with the victim, and that the defendant’s assertion of innocence is not guilty.