2. In a case where there is no new objective reason that may affect the formation of a documentary evidence in the appellate trial’s trial process, and there is no obvious error in the determination of the value of evidence for the first instance, or there is no reasonable reason to deem that the argument leading to the acknowledgement of facts is remarkably unfair due to the contrary to logical and empirical rules, the judgment on the recognition of facts in the first instance deliberation shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The lower court, taking into account the fact that the video taken by the Defendant was not admitted as evidence, and the video was not taken by the witness’s statement, etc., taken the body of the victim that may cause sexual humiliation or humiliation by the Defendant.

On the ground that it cannot be readily determined that it was not guilty.

Examining the judgment of the court below in a thorough comparison with the records, there is no reasonable ground to deem that the judgment of the court below was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules, and there is an error of law by misunderstanding facts, which affected the conclusion of the judgment.

subsection (b) of this section.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.