The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is consistent and reliable in light of the overall context of the instant case.

Nevertheless, the judgment of the court below rejected the credibility of the F's statement and acquitted the defendant, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

2. The burden of proof for the criminal facts prosecuted in a criminal trial on the board is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient for a judge to have the truth that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to guilt against the defendant, it shall be determined in the interests of the defendant even if there is no such evidence (see Supreme Court Decision 2010Do9633, Nov. 11, 2010, etc.). The victim’s statement is sufficiently denied the whole facts charged and directly admitted as evidence consistent with the facts charged on the record, and the remainder is only a specialized evidence based on the victim’s statement, in order to find the defendant guilty of the facts charged based on the victim’s statement only on the victim’s statement, the victim’s statement requires high probative value so far as there is no room for doubt about the authenticity and accuracy of the statement. When determining whether the victim has such probative value, the victim’s statement itself, objective consistency, and other personal elements as a personality should be comprehensively considered.

Therefore, there is evidence of the facts charged as to the lack of credibility in part of the facts alleged by the victim.

If it is determined that the victim's statement cannot be seen, and the possibility that the victim's statement is false beyond the mere lack of credibility can not be ruled out, only the statement on the remaining facts of damage shall be true.