The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding and legal principles that the victim made a concrete statement at the time when the police statement was made, and that the victim did not have any reason to make a false report to the defendant, the statement made by the police prepared by the victim was admissible as evidence when it was made under particularly reliable circumstances.

B. The facts charged about the forced indecent act of this case are recognized by taking account of the results of the examination of the detection devices against the defendant.

B. The sentence of the lower court’s unfair sentencing (2 million won in penalty, 40 hours in total, 200,000 won in total, and 40 hours in total) is deemed unreasonable.

2. Determination

A. The lower court determined that the statement of a witness prepared by the police officer against the victim was made under particularly reliable circumstances.

For lack of recognition, the entry in the statement of the above witness is inadmissible as evidence, and it is inappropriate to form a conviction against the defendant only by the result of the examination on the detection of the defendant's false words, and otherwise, it is deemed that there is no evidence to prove the facts charged concerning the indecent act by force, and thus, it was acquitted of the charges

Examining the evidence duly admitted and examined by the court below and the party, the judgment of the court below is just and there is no error of law by misunderstanding the facts or misunderstanding the legal principles (A witness C was damaged by the facts charged in this case at the court below).

was stated.

However, as to the time of crime, the instant indecent act was committed by the Defendant, and the obscene videos sent by the Defendant were discovered and reported by the victim assistance teams, but the indecent act was committed before the time of report. In light of the fact that the date of report was around August 2014, it is difficult to specify whether the date of the crime of the said indecent act was the beginning of 2014 or that it was committed in 2014.

In addition, the victim is the offender at the time of forced indecent act.