All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The defendant (person who is a factual error) did not commit an indecent act against the victim as stated in each criminal facts in the judgment below.

In light of the purpose of the trial-oriented principle and the hearsay rule, the victim's statement, the only evidence of this case, has been reversed several times, etc., the credibility of the victim's statement made at the police cannot be recognized.

Nevertheless, the judgment of the court below which found the victim guilty of each criminal fact in the judgment of the court below on the ground that the victim's statement made by the police was reliable.

B. Since the public prosecutor(s) recognizes the credibility of the statement made by the victim at the police, it is reasonable to view that the defendant has proved that he had sexual intercourse with the victim as stated in paragraph (3) of the facts charged in the instant case beyond a reasonable doubt.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal. In full view of the circumstances as indicated in its reasoning acknowledged by the evidence duly admitted and examined, the lower court determined that the Defendant’s statement made by the police was sufficient credibility to the extent that the Defendant did not reasonably doubt the judge. On the other hand, it is difficult to recognize credibility in light of the victim’s legal statement that changed the above statement’s content, statement attitude, contents, etc., and thus, it is difficult to recognize the Defendant’s assertion that the Defendant committed an indecent act against the victim as stated in the facts constituting an offense in the lower judgment, and determined that the lower court rejected the Defendant’s assertion and convicted the Defendant of each of the above facts constituting an offense. 2) The lower court duly adopted and investigated by the Defendant at the court of the lower court.