The prosecutor's appeal is dismissed.

Article 62 of the Criminal Code of the 1. Suspension of Execution between 3 Myeon-3 and 9 of the lower judgment.

1. Summary of grounds for appeal;

A. When considering the degree of the victim’s intellectual disability (Grade 3 of the intellectual disability), the degree of the victim’s reduction of his/her natural memory according to the passage of time, etc., the victim’s police statement is highly reliable, and the victim’s legal statement in the lower court is supported by this.

그리고 피해자는 경찰과 원심 법정에서 일관하여 “ 피고인이 자신의 성기를 핥았다” 고 진술했다.

Therefore, the victim's statement in this part is reliable.

However, the court below rejected this part of the victim's statement, and there is an error of law by misunderstanding the fact that there is no proof of the crime, which affected the conclusion of the judgment.

B. The sentence of the lower court (one year and six months of imprisonment, and two years of suspended execution) that was unjustly asserted in sentencing is too unfluent and thus the amount of the sentence is unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Criminal Litigation Act adopts the principle of public trial-oriented principle that the formation of a conviction or innocence against the substance of a criminal case ought to be based on a court-oriented trial, and adopts a substantial direct trial principle that only the evidence directly examined in the presence of a judge may be based on a trial, and the original evidence most adjacent to the facts subject to proof should be based on a trial, and that the use of a substitute for the original evidence should not be permitted in principle.

This is because the judge can form a new and accurate conviction for the case by directly investigating the original evidence in the court, and give the defendant an opportunity to directly state his/her opinion on the original evidence, thereby finding substantial truth and realizing a fair trial.

The court may fully and fully realize the spirit of the principle of substantial direct deliberation in the court of original instance, which is the principle procedure in which parties may assert and examine evidence, focusing on the court in the process of criminal proceedings and the trial process.