The prosecutor's appeal is dismissed.

1. When considering the consistent statement of the victim, the testimony of I who is a club employee, and the testimony of J, etc., the defendant may be found to have abused the victim.

2. The lower court found the Defendant not guilty of the instant facts charged on the grounds indicated in its reasoning.

In light of the following circumstances acknowledged by the evidence, the lower court’s judgment is justifiable in its determination by legitimately adopting the evidence and comparing it with the evidence examined by the lower court. In so doing, it did not err by misapprehending the legal principles as alleged by the prosecutor, as otherwise alleged by the prosecutor.

shall not be deemed to exist.

A. The first instance judgment on the credibility of a statement made by a witness of the first instance court was clearly erroneous in light of the content of the first instance judgment and evidence duly examined in the first instance trial based on the spirit of the substantial direct trial principle adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle.

Unless there are extenuating circumstances to see that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view of the results of the first instance examination and the results of additional evidence examination conducted until the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 201Do5313, Jun. 14, 2012). L testified to the purport that “the defendant has no assault against the victim,” in the lower court, the witness testified to the effect that “the defendant has no special relationship with the defendant,” and even in the absence of special relationship with the defendant, there is no reason to make a false testimony, and at the time, testimony as above cannot be found to have been credibility in that the witness appeared in the process immediately following the defendant in the process of whether the witness was a witness of the first instance court according to L.

The decision is judged.

(b) witnesses I and J.