The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts), the victim's statement is reliable, and according to the victim's statement, etc., the defendant forced the victim to commit an indecent act, was injured by rape, and the victim was raped.

2. Determination

A. In determining the credibility of a statement made by a sexual assault victim child in an investigative agency as evidence of relevant legal principles, considering how the child's age is high, and how much the child's appearance is confused with the situation and reality, or how much the child's appearance is passed after the occurrence of the case, and how the guardian or investigator who first heard the facts of the child's injury in the course of the occurrence of the case until the above statement was made, could not bring a change to the children's memory by providing the child with a simple prejudice or inducing a specific answer through repeated newspapers, etc., whether the above statement was repeated, and whether the interview was made by the questioner at the time of the above statement; whether the statement made by the child without any influence from the interview; whether the statement made by the investigation agency is consistent with the contents of the statement; whether the above statement made in a criminal trial includes information about the victim's injury; and whether the prosecutor bears the burden of proof as to the contents of the crime in the case; and whether the contents of the statement in the criminal trial include 200 or more articles 208.