The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (a factual error) the victim C’s consistent statement and attitude, witness D’s statement, etc., the court below found that the facts charged in this case could be sufficiently recognized, but acquitted the Defendant by finding the facts erroneous.

2. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted 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, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(see, e.g., Supreme Court Decision 201Do7261, Nov. 10, 201). In addition, in light of the spirit of substantial direct cross-examination adopted by the Criminal Procedure Act, the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous, or in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s determination on the credibility of a statement made by a witness of the first instance court based on the results of the first instance court’s examination and the results of additional evidence examination conducted until the closing of argument in the appellate court, the appellate court should respect the determination on the credibility of the statement made by the witness of the

(see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

Examining the reasoning of the lower judgment based on the aforementioned legal doctrine in light of the evidence duly admitted and investigated by the lower court, the lower court, after completing the examination of evidence by directly conducting the examination of the witness of the victim C and witness D, provided that the statements made by the victim and D, who correspond to the facts charged in the instant case, are not reliable, or are insufficient to recognize the said facts charged.