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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of the facts), the court below found the defendant not guilty on the ground of misconception of the facts, although it could be recognized that the defendant abused the victims as stated in the facts charged by the private person.
2. Determination
A. The lower court rendered a judgment that the Defendant was not guilty of the facts charged in this case, which led the victims to fin or clothes, by taking into account the following circumstances.
(1) Of the victims’ legal statements, CDs, transcripts, and written applications, the part that stated that “the Defendant abused knife the victim with a long fin or clothes as stated in the facts charged” by the victims is admissible as evidence because the non-defendant falls under the documents containing the full statement or the full statement of another person, such as the Defendant, and thus, constitutes a case where the victim is unable to make a statement due to death, disease, overseas residence, unknown whereabouts, or any other similar cause, and thus, the other part is nothing more than the content of the judgment and decision of the victim’s parent based on the victim’s statement. The victim’s psychological and physical behavior or diagnosis of the victim after the victim’s abuse is based on the premise that the victim was abused.
Secondly, the statement of the Supreme Prosecutors' Office and the statement of opinion or diagnosis of some victims in the original trial are not directly proven about the abuse itself, and the notification of the result of the statement analysis by the Supreme Prosecutors' Office, and the photograph of the criminal implements are also limited to auxiliary data on the credibility of the victim's statement.