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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) of the facts charged in the instant case is highly reliable.
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 rendered a not guilty verdict of the instant facts charged while explaining the grounds for the judgment of innocence in detail.
According to the evidence duly admitted and examined by the court below, the court below acknowledged the specific circumstances as stated by the court below, and even if the prosecutor bears the evidence additionally submitted in the trial, it was proved that the facts charged in this case are beyond reasonable doubt.
shall not be deemed to exist.
Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is not erroneous in the misapprehension of facts, and the prosecutor's assertion is without merit.
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.