The prosecutor's appeal is dismissed.

1. The court below's determination that the victim's statement of the grounds for appeal (the fact-finding) is not guilty despite credibility, is erroneous in the misapprehension of legal principles as to the facts charged in this case, which affected the conclusion of the judgment.

2. Determination

A. Although there are various studies and reports with regard to the characteristics of the statement by children of the relevant legal doctrine, it is difficult to say that the age range and intellectual ability of the child is large, and that the social and cultural environment of the child is different, it is difficult to say that a pure child actively makes a false statement, but it is evident that there is a strong tendency to conceal passively rather than to detect and actively conceal the tendency, and that there is a problem of the quantity and accuracy of the information, a problem of memory, a problem of holding or meeting defects, and a tendency to easily induce and pollute cancer questions is known as a negative element.

Therefore, in determining the credibility of a statement made by a child claiming sexual indecent act, it is necessary to examine whether the child was made to state the damage by the first statement about the damage, or whether the child was voluntarily or voluntarily notified of the damage by his/her guardian, etc. based on the finding of the proviso, and to examine whether the first questioner who heard the damage of the child was unable to lead him/her to make an inaccurate response by providing information that is not a simple prejudice or forcing a specific answer, or by forcing the questioner to give a specific answer, etc., and whether there was no room to bring any harm to his/her memory. In cases of the child, it is necessary to consider whether the statement is consistent and definite, whether the actual monitoring ability of the child is relatively weak, and whether the statement is rich, and whether it is likely to cause a confusion between the standing and reality, and the case, object, and the victim.