The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal lies in a relatively consistent and concrete statement from the investigative agency to the court below, and according to the statements made by the relevant persons, the victim's statement is highly reliable.

In light of the victim’s statement and the evidence submitted by the prosecutor, the court below rejected the credibility of the victim’s statement and acquitted the Defendant on the sole basis of the evidence submitted by the prosecutor.

Therefore, the judgment of the court below is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The burden of proof for a crime prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(2) In light of the purport and spirit of the principle of substantial direct examination adopted by the Criminal Procedure Act, the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly erroneous, or the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly erroneous, in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly erroneous, taking into account the result of the first instance’s examination and the evidence duly examined by the court of first instance, and it is clearly unfair to maintain the first instance’s determination on the credibility of the statement made by a witness of the first instance court until the closing of arguments in the appellate court.