Therefore, the judgment of the court below which acquitted the victim of the facts charged of this case without reliance on the victim's statement is erroneous in the misapprehension of facts.

2. The lower court found the Defendant not guilty of the instant facts charged on the grounds that the statement that the victim obtained the victim’s deception from the Defendant two times as stated in the instant facts charged cannot be believed as it is, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize the instant facts charged.

According to the evidence duly admitted and examined by the court below, the facts and circumstances acknowledged by the court below can be acknowledged, and even if the prosecutor bears the evidence additionally submitted in the trial, the facts charged in this case are proven to the extent that there is no reasonable doubt.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case does not err by mistake as alleged by the public prosecutor.

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.