The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case of mistake of facts, the Defendant admitted the victim F’s body to see the fact that the Defendant took the hand into consideration the victim F’s body, and reversed the Defendant’s statement that he did not have any dancing during the trial of the lower court. The lower court did not give the prosecutor the opportunity to prove it by changing the trial date, etc., and prevented the prosecutor from submitting as evidence even when he was arrested a flagrant offender.

In addition, the defendant's statement has no consistency due to multiple changes in the number of times, and the testimony of the witness G and H is not reliable in light of the contents of the testimony.

Nevertheless, the court below rejected the statements of the victim F and E with credibility, and found the defendant not guilty of this part of the facts charged on the basis of G and H's statements without consistency, G and H's vindication and credibility. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is excessively unjustifiable and unreasonable.

2. Judgment on the assertion of mistake of facts

A. On August 6, 2012, around 17:30, the Defendant discovered that the victim F (the 16-year-old age) was kneeeing in a male-friendly E job offering and kneeing in a knee, and committed an indecent act by force against the victim by rhumping both knebbbbbs.

B. (1) In determining the credibility of a statement after the first instance court proceeded with the witness examination procedure in the criminal trial procedure, not only is it consistent with the rationality, logic, morality, or rule of experience of the content of the statement itself, but also is consistent with evidence or a third party’s statement in the open court after being sworn in the presence of a judge, but also the appearance or attitude of the witness who is making a statement in the witness examination protocol, such as the penuation of the statement, and the penuation of the statement, are considered to have been obtained by directly observing various circumstances that are difficult to record.