Although the victim was unable to partly change or accurately state his statement about the crime of this case, this is merely a breath victim's failure to accurately memory the situation at the time, and the victim's statement as a whole is recognized as credibility.

Nevertheless, the judgment of the court below which acquitted the victim of the facts charged by erroneous determination as to the credibility of the victim's statement is erroneous, which affected the conclusion of the judgment.

Judgment

In full view of the circumstances in its reasoning that the jury adopted a verdict of innocence, which was issued by the unanimous opinion of the unanimous opinion of the jury after going through the citizen participation trial procedure, and that it is difficult to believe that the victim’s statement appears to conform to the facts charged of this case cannot be acknowledged credibility, and the remaining evidence submitted by the prosecutor alone is insufficient to deem that the facts charged of this case was proven beyond a reasonable doubt, and the court below acquitted the defendant on the facts charged of this case.

In light of the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

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