The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. Fact-finding based on the summary of the grounds for appeal: The victim's statement about the crime stated in the facts charged of this case is sufficient to be reliable because there are circumstances and related persons' statements consistent and consistent to ensure credibility, but the court below judged otherwise that the victim's statement was insufficient to recognize the facts charged. This is due to fact-finding.

2. Determination

A. Article 308 of the Criminal Procedure Act, which provides the principle of free evaluation of relevant legal principles, provides that the probative value of evidence shall be based on the free evaluation of the judge’s existence of evidence is due to the fact that it conforms to the discovery of substantial truth. Therefore, a judge of the court of the fact that a judge of the court has a full right to the determination of evidence should take into account the perception obtained in the trial proceedings and the examined evidence

In addition, the judge's decision on the probative value of evidence must be consistent with logical and empirical rules, and the degree of formation of a conviction to be found guilty in a criminal trial should be such that there is no reasonable doubt. However, it is not required to exclude all possible doubts, and rejection by causing a suspicion without reasonable grounds for the probative value cannot be permitted as exceeding the bounds of the principle of free evaluation of evidence. The term "reasonable doubt" in this context refers to a reasonable doubt as to the probability of a fact that is inconsistent with the facts that are not compatible with the facts that are necessary based on logical and empirical rules, not all questions and correspondences, but merely refers to a reasonable doubt based on conceptual or abstract possibility (see Supreme Court Decision 2010Do12728, Jan. 27, 2011). (b) In order to determine the credibility of the victim's statement, etc. supporting the facts charged, the court below stated the victim, etc. in its judgment.