The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below erred in the misapprehension of legal principles as to the facts charged, although it is found guilty.

B. The sentence sentenced by the lower court to the Defendant (the amount of KRW 500,000,000) is too unhued and unfair.

2. Determination

A. (1) The lower court rendered a judgment on the assertion of mistake of fact on the grounds that this part of the facts charged constitutes a case where there is no proof of crime.

(2) The evidence submitted by the relevant deliberation prosecutor that conforms to this part of the facts charged lies in the statements made between the victim and G in the police and the lower court.

In doing so, in light of the following circumstances, the lower court’s aforementioned determination is justifiable in its entirety, taking into account the evidence duly adopted and examined by the lower court.

Therefore, the prosecutor's above assertion is without merit.

(1) The statements made by the victim as to the circumstances in which the defendant was identified as an offender are not consistent as follows:

In other words, the victim was seated at the first head in the police.

H stated on the ground that the victim was an offender (19 pages of evidence). However, the victim stated in the court below that “from the beginning, he thought the Defendant as an offender” (146 pages of the trial record). (2) The circumstance behind the victim’s assignment of the Defendant as an offender is not that of the victim.

In the case at the time of this case, the victim, first of all, took the breast and her desire, and immediately taken the breast of the defendant, who was her view, left from the place while taking the bath.

After all, the Defendant and H demanded the victim to go back to the site of the case.

The victim refused to comply with the judgment of the court of first instance, and "H's chest was delivered."