The prosecutor's appeal is dismissed.

1. The gist of the grounds of appeal is that the victim consistently states each of the crimes in this case; the victim is unable to clearly state the frequency of indecent acts; or the victim’s statements concerning specific circumstances overlap with memory because there are many times of victims; the victim was unable to live without the protection of the defendant at the time; the victim was unable to lead a life without the protection of the defendant; and the victim was not well-known among his family members; thus, there are reasons to obtain the victim’s credibility in the victim’s statement in light of the following: (a) the victim’s statement is acknowledged to have been credibility; (b) the defendant himself was recognized to have been able to obtain the victim’s statement, such as kising the victim and kis; and (c) the defendant was also made a false response to the victim’s statement that he did not commit indecent acts as a result of the Defendant’s psychological and physiological analysis that the victim did not commit such acts.

Nevertheless, the lower court acquitted the victim of each of the facts charged of this case on the ground that it is difficult to believe the victim’s statement.

Therefore, the judgment of the court below is erroneous in affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is as follows: (a) the Defendant, from the end of October 201 to the end of November 2012, 201, lives together with the victim D (the age of 12) entrusted by the Children’s Foundation through the “Lisansan” at the Defendant’s residence located in Gipo C lending 301.

1) On December 2, 2011, the Defendant entered the victim's room located in the above residence at around 01:00, the Defendant committed an indecent act against the victim under 13 years of age by forcing him/her to leave his/her chest by inserting his/her hand to the victim's upper part of the victim himself/herself, and by forcing him/herself to leave the victim's hand, even though the victim tried to have his/her hand out. (ii) The Defendant committed the crime described in the above paragraph (1) and committed an indecent act against the victim under 13 years of age by force. (iii) On the day after 3 to 4 days from the day on which he/she committed the crime.