The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) committed an indecent act against E or G as described in the facts charged, and the court below found the defendant not guilty on the grounds that he or she has credibility in the corresponding E or G statements.

2. Determination

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the credibility of the statements should be assessed in consideration of all the circumstances that make it difficult to record in the witness examination protocol, including the appearance, attitude, and penology of the witness who is taking an oath before a judge, and the appearance and attitude of the witness who is going to make a statement in the open court after being sworn before a judge. (See Supreme Court Decision 2012Do2631, Jun. 28, 2012). In order to find the defendant guilty of the facts charged by taking into account the victim’s statement as evidence directly denying the entire facts charged and consistent with the record, the victim’s statement is in fact correct, and the remaining evidence is merely a specialized evidence based on the victim’s statement, etc., if the victim’s statement is not sufficient to have sufficient probative value, and the victim’s objective probative value should be determined based solely on the victim’s statement.

Therefore, there is evidence of the facts charged as to the lack of credibility in part of the facts alleged by the victim.

If it is determined that the victim's statement cannot be seen, and the possibility that the victim's statement is false beyond the mere lack of credibility can not be ruled out, only the statement on the remaining facts of damage shall be true.