The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant on the grounds that the credibility of the victim's statement is not recognized even though the defendant was fully convicted of the facts charged in the case in light of the victim's statement of the grounds for appeal (misunderstanding of facts).

2. The burden of proof for the facts constituting an offense charged in a criminal trial is to be borne by the prosecutor, and the conviction must be based on evidence with probative value that leads the judge to feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006). Where the defendant consistently denies the facts charged and the victim's statement is de facto only based on direct evidence consistent with the facts charged in the record, in order to find the defendant guilty on the basis of the victim's statement, it is necessary to have high probative value that is not likely to have little doubt about the authenticity and accuracy of the statement. In determining whether the defendant has such probative value, the court below should comprehensively consider the reasonableness, consistency, objective reasonableness, etc. of the statement made by the victim's victim's victim's statement in the investigative agency or consultation with the victim's victim's oral act.