The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of legal principles) is that C and I’s legal statement adopted by the court below as evidence of guilt is hearsay evidence with the victim’s statement, and it is inadmissible as it does not satisfy the requirements prescribed in Article 316(2) of the Criminal Procedure Act. The victim made a detailed statement from an investigative agency to the prosecution’s main examination process, and made a statement from the prosecutor’s office to the prosecutor’s office that the defendant did not memory the same question as the presiding judge of the court below, and thus, it cannot be acknowledged the credibility of the statement. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles.

2. Determination

A. As to the admissibility of evidence of a statement made by C and I in the original trial court, the part of the statement made by C and I in the original trial on the part of the defendant's indecent act by force constitutes a professional statement whose content is another person's statement, not the defendant, and thus, insofar as the defendant did not consent to the use of the statement as evidence, the admissibility of evidence can be acknowledged unless the defendant consented to the use of it as evidence

However, since the victim who made the original statement appeared as a witness in the court below and made a statement, it does not constitute a case where the original statement is unable to make a statement due to death, disease, foreign residence, unknown whereabouts, or any other similar cause. As such, the part of the victim's statement in C and I concerning the contents of the statement cannot be admitted as evidence.

Therefore, the court below erred by adopting the whole evidence as evidence of conviction against the defendant.

B. In this case’s judgment based on the remaining evidence evidence, except the above evidence, the direct evidence to acknowledge whether the Defendant committed indecent act by compulsion as stated in each criminal facts in the judgment below is admissible.