The prosecutor's appeal is dismissed.

1. In full view of the summary of the grounds for appeal (misunderstanding of facts) and the contents of the victim’s statement and E dialogue, the judgment of the court below that acquitted the Defendant of the facts charged in the instant case is erroneous in finding the facts

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court determined that the instant facts charged was proven beyond a reasonable doubt solely based on the evidence submitted by the prosecutor.

It is difficult to see

The judgment of innocence was pronounced.

① At the investigative agency and court, the victim made a statement that he was aware of the Defendant’s cell phone after the locking of the victim around the time of the instant case, and that there was a photograph taken of his part on the part of the victim’s chest and Kameras. However, even according to the victim’s statement, there was no content that the victim made a photograph taken of the victim’s chest, and that the victim did not discover that the photograph taken of the victim’s cellphone, etc. was stored in the victim’s cellphone, etc. confirmed at the time. In the instant case where the photograph taken was not submitted as evidence, it is insufficient to recognize that the Defendant’s statement alone was actually taken of the victim’s chest by using the camera.

② Even based on the E dialogue between the Defendant and the victim after the instant case, the Defendant recognized that the victim’s ear and hair were taken in relation to the victim’s investigation into the body part, and it does not include any content that is recognized as having taken the victim’s chest and the part that was recorded. As such, this part of the facts charged is insufficient to recognize.

(3) The photograph of the victim's chest and the part on the chest taken by the defendant is not produced as evidence.