The prosecutor's appeal is dismissed.

According to the evidence submitted by the prosecutor, such as the statement of the victim with credibility (misunderstanding of facts and misapprehension of legal principles), the court below erred by misapprehending the facts or misapprehending the relevant legal principles, thereby not guilty all of the charges of this case, even though the defendant and the person requesting an attachment order (hereinafter “the defendant”) sufficiently recognized the facts that the victim committed an indecent act twice as stated in the facts charged of this case.

2. As to the part of the defendant case

A. The gist of the facts charged is that the Defendant is an educational instructor at a driving school, and the victim B (the victim B, the 10-year age age), who was enrolled in the school, is a student who was enrolled in the school from the Defendant.

1) On May 1, 2019, the Defendant was forced to commit an indecent act by force (hereinafter “instant charges”) around the first half of May 2019 (hereinafter “D”) in the lecture room of “D” private teaching institutes located in Gwangju Northern-gu C from around 17:15 to around 18:05 on May 15, 2019, and that the Defendant would have come to the following behind the victim’s seated in his/her designated seat during class.

It is called ‘the victim' and ‘the victim's chests were extended to several times by extending outside his/her hand from the shoulder side of the victim.

2) On May 23, 2019, the Defendant, at the same place as indicated in the foregoing paragraph from around 17:15 to around 18:05, from May 23, 2019, committed an indecent act by force (hereinafter “instant charges”) committed on May 23, 2019, the Defendant collected his/her hand to the inside of the victim’s the inner part of the victim, by inserting his/her hand toward the inner part of his/her upper part, to ask questions.

B. The lower court determined that the Defendant’s statement was not guilty in the instant case where: (a) comprehensively considering the legal principles on the method of determining the credibility of the statement made by a child victimized by sexual indecent act; and (b) comprehensively taking account of the following factors, three students, including the victim, committed an indecent act in the instant lecture room where three students are in school; and (c) the victim’s statement that the Defendant was forced to commit an indecent act was not guilty.