The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (the age of 24) has consistently stated the main part of the fact of the instant damage from the investigative agency to the court below, and thus, its credibility is high.

In addition, according to CCTV images, the victim can confirm the appearance of the victim's string or expectation on the wall in front of the hotel. It is clear that at the time the victim was in a string state.

On the other hand, it is because the victim's failure to submit part of the mobile phone call or the F dialogue on the date of the occurrence of the case is due to the damage of the victim's mobile phone, and there is no other intention.

Nevertheless, since the court below acquitted the defendant on the premise that the credibility of the victim's statement is insufficient, it erred by misapprehending the facts or by misapprehending the legal principles.

2. The prosecutor ex officio makes the existing facts charged as the primary facts charged when it comes to the trial, and the following 3-3.

B. The facts charged as stated in Paragraph 1 are added as preliminary charges, and the phrase “quasi-indecent act” was added to the name of the crime, and the applicable provisions of the law added “Articles 299 and 298 of the Criminal Act” to the applicable provisions, and the subject of the trial was changed by this court’s permission.

However, since the prosecutor's assertion of mistake or misapprehension of legal principles on the primary facts is still subject to the judgment of this court, it first examines it and then makes a decision on the facts added as preliminary in the trial.

3. Determination

A. As to the primary facts charged, the court below held that it is difficult to believe the victim's statement concerning the facts charged of this case in light of the following circumstances, which are acknowledged by considering the evidence examined and adopted by the court below, and the remaining evidence submitted by the prosecutor alone was in the state of the victim's mentality or non-performance of duty at

The defendant is aware of the state of the victim.