The prosecutor's appeal is dismissed.

1. The prosecutor initially indicted the Defendant only as the facts charged on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act), but added the facts charged on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-similar act), and the lower court acquitted the Defendant of all the primary and conjunctive facts charged.

Therefore, since only the prosecutor appealed on the ancillary facts of this case, the main facts charged in the judgment of the court below are judged in accordance with the principle of no appeal, but the main facts charged in the judgment of the court below are judged in accordance with the principle of no appeal. However, that part is already separated from the object of the attack and defense between the parties and is in fact withdrawn from the object of the trial (see, e.g., Supreme Court Decision 2008Do8922, Dec. 11, 2008). Accordingly, the judgment of the court below on

Therefore, the scope of trial by the court below is limited to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-similar act).

2. The summary of the grounds of appeal is that the defendant kel kel kel and knek kel kel and knek kel kel at the victim's request at the time of this case, witness E and D's statements, etc. were considered, and the court below found the defendant guilty of this case's conjunctive charges, but the court below found the defendant guilty of this part

3. Determination

A. In a criminal trial, the prosecutor bears the burden of proving the facts constituting the crime prosecuted, and the conviction should be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

Supreme Court on October 28, 2010