The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the victims' statements were voluntarily made, and the victim's statements were not directly experienced, and thus credibility is recognized. While the child-care center classroom classroom, which is the place of the crime of this case, is open to the open structure and frequently the teachers and the students are rare, the crime of this case is likely to occur between several seconds. However, if the teachers report different duties or do official duties in the place of receiving goods, etc., it is impossible to find it impossible to find it impossible to commit the crime at the place of crime as stated in the facts charged, in light of the fact that the victim E's "the place designated as the place of crime by the victim E is a structure that prevents the surrounding sight and prevents the crime, it is impossible to conclude that the crime is impossible to commit the crime at the place of crime as described in the facts charged, and considering the result of the investigation of the false verbal detection of the defendant, it is sufficient to find the defendant guilty of each of the facts charged of this case.

Nevertheless, the court below acquitted each of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged was from August 24, 2009 to February 18, 2012, the Defendant served as a child care teacher at the “D Child Care Center” located in Busan Southern-gu, Busan (hereinafter “instant child care center”).

1) 성폭력범죄의처벌등에관한특례법위반(강간등치상) 피고인은 2012. 2. 초순 일자 불상 11:00경부터 17:00경까지 사이에 이 사건 어린이집 분홍반 교실에서 파랑반 원생인 피해자 E(여, 3세)가 가지고 놀다가 잃어버린 교구(교육용 장난감 를 찾고 있는 것을 보고, 교구를 잃어버린 것을 나무라는 것처럼 피해자에게 접근하여 ‘이놈!’이라고 혼내며 피해자의 치마를 벗긴 다음, 손가락으로 피해자의 성기를...