The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence presented by the prosecutor to the gist of the grounds for appeal, the defendant can sufficiently recognize the fact that the defendant committed an indecent act by force against the victim.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance trial witness was clearly erroneous.

Unless there exist special circumstances or comprehensively considering the results of the first instance examination and the results of further examination of evidence conducted until the closing of oral pleadings, maintaining the first instance judgment on the credibility of the statement made by the witness of the first instance court is deemed significantly unfair, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance trial (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). (b) The following circumstances acknowledged by the evidence of the case, namely, ① the victim appeared as a witness at the court of the lower court, and the victim had no choice but to attach documents to the defendant (the trial record No. 36 of the trial record), and the defendant's statement to the effect that "the victim was unable to sit in the damaged person" (the victim's statement made by the court below No. 5 of the case No. 41 of this case) was made on the ground that it was proved that the victim's statement made by the defendant and the police officer of the case No. 5 of this case.