The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, such as the consistent and detailed statement of the victim in the summary of the grounds for appeal, even if the defendant sufficiently recognized that the defendant committed an indecent act against the victim as stated in the facts charged, the court of first instance that rejected the credibility of the victim's statement and acquitted the defendant on the facts charged,

2. In the absence of a new objective reason to affect the formation of a documentary evidence in the trial process, when the court of first instance intends to re-examine the first instance judgment after ex post facto and ex post facto determination, the determination of the value of evidence in the first instance was clearly erroneous.

There should be reasonable grounds to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules and so on. Moreover, without such exceptional circumstances, the determination on the fact-finding of the first instance court shall not be without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). Meanwhile, Article 307(2) of the Criminal Procedure Act provides that “The recognition of criminal facts shall reach the proof of the extent that there is no reasonable doubt.”

Therefore, the conviction in a criminal trial should 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.

(see, e.g., Supreme Court Decisions 92Do1405, Sept. 1, 1992; 2016Do21231, Oct. 31, 2017). Examining the evidence duly adopted and examined by the court of first instance in detail in light of the record, the court of first instance is difficult to believe the victim’s statement for reasons as indicated in its reasoning and there is no other evidence.