The prosecutor's appeal is dismissed.

1. Comprehensively taking account of various circumstances acknowledged by the evidence submitted by the prosecutor, such as the fact that the victim’s statement in the summary of the grounds for appeal is highly reliable, the defendant’s defense is difficult to understand, and the defendant’s death on the following day of the instant case, etc., the defendant can recognize the fact that the victim’s knick part of golf loans intentionally commits an indecent act against the victim.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

2. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of the testimony of the witness at the first instance trial, the first instance court’s determination on the credibility of the statement made by the witness at the first instance trial was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court, in light of the purport and spirit of the substantial direct deliberation principle adopted by the Korean Criminal Procedure Act.

Unless there exist special circumstances to view that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is significantly unfair, or in light of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall not reverse without permission the first instance judgment on the grounds that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s determination.

In particular, in a case where the first instance judgment rejecting the credibility of a witness’s statement supporting the facts charged is followed, it should be said that there are sufficient and sufficient circumstances acceptable in light of the presumption of innocence and the criminal burden of proof (see, e.g., Supreme Court Decision 2009Do14065, Mar. 25, 2010). In light of the evidence duly adopted and examined by the lower court and the trial court, the lower court is “2.”