The prosecutor's appeal is dismissed.

According to the summary of the grounds for appeal (misunderstanding of facts) the victim's statement on the charge of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape of a minor under the age of 13) (rape of a minor under the age of 13) is clear and consistent, and according to the above, the victim who was under the age of 13 at July or August 2010 and was under the age of 13 at the time of the victim's appearance is E. The victim's quasi-rape of a minor under the age of 13 can be sufficiently recognized.

Nevertheless, without any reasonable reason, the lower court rejected the statement regarding the time of and insertion into the crime committed by the victimized person, and accepted the statements of F without credibility (the mother of the injured person), I (the person who has protected the injured person immediately after the occurrence of F-friendly interest incident), K (the victim's external third village) and K (the victim's external third village). "The Defendant attempted to quasi-rape the victimized person who was 13 years of age at the time of July or August 201, but failed to go in the insertion, was attempted to commit a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape) and sentenced not guilty of the grounds for the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape of the Minor under the age of 13). The lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

The statement of the victim on the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct by Relatives) is specific and detailed. According to this, the charge that "the defendant committed an indecent act against the victim who was in a state of mental or physical loss by taking the victim's body while she was locked together in F, M (the victim's birth in South and North Korea), the victim, and the defendant in the order of the victim during the time far beyond his or her own family in 2015, and then she committed an indecent act against the victim who was in a state of mental or physical loss by taking the victim's sexual organ into the defendant's body with his or her sexual organ and by taking the victim's sexual organ into his or her state of loss and making use of the victim's physical or mental loss."

Nevertheless, the lower court.