The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) and the written statement prepared by the victim E and the written statement made by the police of the victim E constitute cases where a person who needs to make a statement is unable to make a statement because his/her whereabouts are unknown as prescribed by Article 314 of the Criminal Procedure Act, and thus, the statement or the written statement was made under particularly reliable circumstances. In full view of each of the evidence admitted as admissibility, the court below acquitted the defendant of the facts charged in this case despite the fact that the defendant committed an indecent act against the victim, the court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. The Defendant, on December 21, 2014, committed an indecent act by force against the victim by putting her son’s son, following the victim E (V, 51 years of age) who took the water control expenses in front of the gas room, around 16:30 on December 21, 2014, in order to put the victim’s son’s son, who is located in Gangnam-gu Seoul, Gangnam-gu Seoul Metropolitan Government, and in the second common kitchen of the D Public Officials.

3. The lower court found the Defendant not guilty of the facts charged in the instant case on the ground that the written statement prepared by the victim E or the written statement made by the police against the victim E did not consent to the Defendant as evidence, and there was no evidence that the Defendant was genuine by the victim’s legal statement, and that the statement or the written statement was made under particularly reliable circumstances, and thus, the admissibility of evidence is inadmissible, and the evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged, and there was no other evidence to acknowledge it.

4. Determination on whether a deliberation was made

A. The victim E statements and the police statements in the victim E statements are admissible, as they are proved to be genuine by the statements in the trial court of the victim E at the trial date.

B. The prosecutor bears the burden of proving the facts charged in a criminal trial.