The prosecutor's appeal is dismissed.

1. The lower court rejected the credibility of the victim’s statement on the grounds as indicated in its reasoning. However, even though the victim made a false statement or did not have any reason to dismiss the Defendant, some of the statements pertaining to the background and time of the report, etc. were reversed, the lower court may fully recognize the credibility of the victim’s statement in light of the following: (a) the victim’s statement is relatively consistent and specific.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts.

2. Determination

가. 공소사실의 요지 피고인은 2017. 6. 23. 18:00경 내지 20:00경 동두천시 B빌라 C호 거실에서 피해자 D(여, 62세)과 술을 같이 마시던 중 욕정이 생겨, 손으로 피해자의 어깨를 눌러 반항하지 못하게 한 후 입으로 피해자의 가슴 부위와 젖꼭지 부위를 빨고, 손으로 피해자의 치마를 걷어 올린 후 피해자의 팬티를 벗겨 자신의 손가락을 피해자의 음부에 삽입하는 등의 방법으로 유사강간하였다.

B. In the instant case where objective facts should be determined based on the victim’s statement because there is no direct evidence other than the victim’s statement, the court below found the victim guilty of the facts charged on the ground that there is doubt as to whether the defendant committed similar rape by inserting his/her fingers into the victim’s negative book, etc. as stated in the victim’s statement, as it is difficult to obtain the victim’s actions immediately after the instant case, since it is difficult to understand the victim’s actions. The court below acquitted the Defendant of the facts charged in the instant case on the ground that there is insufficient evidence to acknowledge the fact of similar rape even if other evidence submitted

C. (1) In light of the content of the judgment of the first instance court and the evidence duly examined by the first instance court, the first instance court’s judgment on the credibility of the statement made by the witness in the first instance.