The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal by the witness I of the court below is the investigator's statement, and it can be deemed that the defendant's original statement made in the course of investigation is admissible as it is acknowledged that it was made under particularly reliable circumstances in light of the process of arrest or the process of statement, etc. The part concerning the facts of experience as a counseling expert except the part concerning the victim's statement among U. U. witness's testimony in the court below's U. witness's testimony is admissible as indirect evidence along with the counseling day, U's counseling document is admissible as indirect evidence. Since U.S. counseling document corresponds to the appraisal document, it is admissible as evidence under Article 313 (2) of the Criminal Procedure Act. The victim's police statement is sufficiently reliable in light of the victim's circumstance of the statement, the body of the statement, the process of the statement before and after the statement, the process of the confession, and the contents of confession, etc., the court below found the defendant guilty of the facts charged of this case. Thus, the court below erred in the misapprehension of legal principles as to the evidence rules and the rules.

(The prosecutor stated the grounds for appeal of unfair sentencing as the grounds for appeal, but the court below acquitted all the facts charged of this case, and the above stated facts appear to be erroneous). 2.

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

Supreme Court on October 2010