The prosecutor's appeal is dismissed.

1. The summary of the prosecutor’s appeal grounds (the fact-finding) reported to the police immediately after witnessing the Defendant’s performance and obscenity, and there was a correct memory of the number of the car that the Defendant was driving at the time, so the victim’s statement at the police station is highly reliable.

Therefore, if the authenticity of the statement in the police of the victim in the appellate trial is recognized, it shall be the direct evidence to acknowledge the facts charged, and the defendant shall be fully admitted in full view of other evidence such as the investigation report.

Nevertheless, the court below erred by misapprehending the facts and thereby acquitted the facts charged of this case.

2. In light of the circumstances described by the court below on the grounds of not guilty, particularly the testimony made by D to investigation agencies, as it is inadmissible as evidence, and the parts of the statement made by D among the internal investigation reports and the investigation reports prepared by the investigation agencies, cannot be trusted as it is, and the medical records and photographs attached to the internal investigation reports (victim's statement, CCTV for crime prevention, suspect investigation), and investigation reports (on the face of the defendant's sexual organ), are not taken in a cover of the defendant's sexual organ, but the image of the photograph taken by the defendant's vehicle driving on the roads near "man's middle school" located in the head of Si/Gu of Suwon-si because the vehicle driven by the defendant stops on the road near the head of Si/Gu of Suwon-si because it is not directly proven that the defendant committed obscene acts as described in the facts charged, the judgment of the court below which acquitted the facts charged of this case is justifiable, and there is no error in the misapprehension of legal principles as otherwise alleged in the appeal.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.