The prosecutor's appeal is dismissed.

1. Although the court below's decision that acquitted the defendant due to the victim and E's testimony, F's statement, CCTV and mobile phone images supporting the circumstances, which correspond to the summary of the grounds for appeal, can be acknowledged, there is an error of mistake of facts in the judgment of the court below that acquitted the defendant

2. Determination

A. In light of the circumstances stated in the lower judgment, the lower court determined that the instant facts charged did not constitute evidence of crime on the grounds that the victim and E’s statement of the witness E and the F statement of the lower court did not lack credibility, and there was no other evidence to prove

B. We examine the circumstances that the court below rendered, and if we look at the following circumstances acknowledged by the evidence duly adopted and investigated by the court of the court below, the conclusion of the court below that acquitted the defendant is just and the prosecutor's allegation of mistake is without merit

1) With respect to the frequency and time when the Defendant took a bath, the victim stated that he took a bath twice (42 pages of the trial record, 10 pages of the evidence record), but E made a statement to the effect that he took a bath at least 3 to 4 times between five minutes (53 pages of the trial record, 20 pages of the evidence record), and that the victim took a bath at the time of the instant case (4, 6 pages of the evidence record), but the victim made a statement to the effect that he took a bath at the police outside of the “C” (4, 6 pages of the evidence record), but the victim did not take a bath at the above time (10 pages of the evidence record), on the ground that he did not take a bath, and witness E made a statement to the effect that “the Defendant took a bath similar to the victim outside of the trial record” in telephone conversations with the prosecutor’s office, and that he changed the victim’s oral phone record to 1 to 25 minutes prior to the victim’s desire to take a bath.”