The prosecutor's appeal is dismissed.

1. In this case’s summary of the grounds for appeal, the victim C’s police statement and each statement are admissible as evidence in accordance with Article 314 of the Criminal Procedure Act.

Furthermore, in full view of the above police statements and the statements by the victim and the statement by K, the facts that the defendant committed indecent act by force can be acknowledged.

Nevertheless, the lower court acquitted the Defendant of the facts charged in this case on the following grounds: “C’s police statement and each written statement are inadmissible, and even if the admissibility of the above written statement and each written statement is recognized, it is difficult to view that there was a perception that the Defendant committed an indecent act against C’s will by itself against the content of the written statement at C’s investigative agency, and the content of the written statement at K and J’s court or investigative agency.”

2. According to the records, C did not directly receive a witness summons and a written decision on a fine for negligence from the 6th trial date to the 10th trial date of the original instance, and the court of the original instance issued a custody warrant upon the request for the detection of the location of C, but the arrest warrant was unable to be executed, and the arrest warrant was returned due to the impossibility of investigation, it can be recognized that C made a decision on the adoption of each evidence as to C’s police statements and each written statement. However, under the premise that C’s admissibility of the police statements and each written statement is recognized as admissible as the prosecutor’s assertion, in full view of the following circumstances, in this case where C appeared in the original court and made a direct statement and the defendant’s cross-examination was not conducted, it is insufficient to acknowledge that C’s statements and each written statement at the court or investigation agency of the original instance to have committed an indecent act against C by force, and there is no other evidence to acknowledge them

(1) C shall use toilets for the accused at an investigative agency.