The prosecutor's appeal is dismissed.

1. A person who has suffered from a prosecutor’s appeal due to an indecent act or rape by the defendant from the investigative agency to the court of the original instance;

Although consistent statements have been made, there are parts that are not consistent among the statements made by the victim, or inconsistent with the statements made by other witnesses (H, I, etc. by the witness of the court below), in light of the fact that it appears to be natural phenomenon following the passage of time. In particular, in light of the fact that I is in a hostile relationship with the victim, it is difficult to believe that it is in a hostile relationship with the victim, and that the result of the expert's statement analysis is credibility in the victim's statement, it shall be deemed that the victim's statement that corresponds to the facts charged for compulsory indecent act and rape of this case is credibility.

In addition, considering the following circumstances: (a) the day when the victim started to work at the Defendant’s restaurant and the following day; (b) the victim and the Defendant did not have sexual intercourse with each other; and (c) after committing the crime, the Defendant sent text messages to the effect that the victim was scambling; (b) the victim’s age and character; (c) the relationship between the victim and the witness of the lower court and the victim; and (d) the circumstances leading the victim to work at the Defendant’s restaurant, it is difficult to readily conclude that the victim’s behavior, such as continuing to work at the Defendant’s restaurant after committing the crime, or delaying reporting, is in violation of the empirical rule; and (c) the victim’s act does not have any reasonable ground to dismiss the Defendant; and (d) the prosecutor’s evidence presented, fully convicted the charges of compulsory indecent conduct and rape.

Nevertheless, on the premise that the credibility of the victim’s statement is not recognized, the judgment of the court below that acquitted the charged facts of indecent act and rape in the instant case is erroneous or erroneous, which affected the conclusion of the judgment.