The prosecutor's appeal is dismissed.

1. According to the summary of the grounds of appeal by the victim’s statement, it is sufficiently recognized that the defendant committed an indecent act and assault against the victim as stated in the facts charged.

Nevertheless, the lower court erred by misapprehending the facts of innocence.

2. Determination

A. In light of the following circumstances, the lower court found the Defendant not guilty on the ground that it is difficult to readily conclude that the evidence submitted by the prosecutor alone committed an indecent act or assault, or committed such an offense, as stated in the facts charged, and that there is no other evidence to acknowledge it.

1) The principal evidence that corresponds to the facts charged against the defendant is the victim's statement in the victim's court and investigation agency. The victim's statement is not consistent with the main part related to indecent acts by compulsion, such as ① frequency of indecent act, timing and place of indecent act, and specific indecent act, etc. (Evidence records 11 pages, 26 pages, 27 pages, 105 pages, 163 through 166 pages, 166 pages, and 24 pages, 26 pages, 107 pages, 166 pages, and 166 of the record), and there is no consistency in the main part related to the assault, such as the situation at the time of the assault, time and place of the assault, and specific indecent act, etc. (Evidence records, 11 pages, 24 pages, 26 pages, 107 pages, 166 pages, and 166 pages of the statement in the victim's court. In addition, according to the records, it is difficult to recognize the credibility of the defendant's statement in substitution.

B. The burden of proving the facts charged in the criminal trial of this court is the prosecutor, and the conviction is the judge.