The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the gist of the grounds for appeal (misunderstanding the facts) can be acknowledged that the defendant defames the victim as stated in the facts charged.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the judgment.

2. Determination

A. In light of the circumstances stated in its holding, the lower court rendered a judgment that acquitted the Defendant on the grounds that the Defendant’s confessions and statements in investigation agencies and M at the first trial date and in court of the lower court are not reliable, and the remainder of the evidence is difficult to believe for the same reason or insufficient to recognize the facts charged, and that there is no other evidence to acknowledge the facts charged.

B. On the other hand, considering the following circumstances acknowledged by the court below and the evidence duly admitted and investigated by the court below on the grounds of the circumstances duly presented by the court below, it is difficult to believe the Defendant’s confession statement on the first trial date, the Defendant’s investigation agency and the court of the court below’s trial, and the witness N’s own court testimony on the party, and the remaining evidence submitted by the prosecutor are insufficient to recognize the facts charged, and there is no other evidence to acknowledge it.

In the end, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts alleged by the prosecutor.

The prosecutor's assertion is without merit.

1) Among the evidence that the prosecutor submitted in the trial of the party, the prosecutor directly admitted as evidence that corresponds to the facts charged in the instant case, the N’s legal statement of N’s witness at the trial of the party is difficult to believe in light of the following circumstances.

A) N appears in the court of first instance and at the time of the instant case, the Defendant was sexually abused from K with respect to the victim.

The defendant has been found.

Second, the victim was pregnant.

Third, K. H.