The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In full view of the fact that there is a natural circumstance in which the victim's statement and the process of the complaint are natural; the defendant made a statement to the effect that he made a statement to acknowledge his wrong while making a telephone call with the victim; and the defendant immediately replaced a mobile phone after receiving the victim's complaint, the court below found the defendant not guilty of this part of the facts charged even if he sufficiently recognized the fact that the defendant taken a flag of the victim's flag, which was a relationship with the victim, as a whole,

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 3 million, the order to complete a program 40 hours, the confiscation) is too uneased and unreasonable.

2. Determination

A. In full view of the circumstances acknowledged by the evidence duly adopted and investigated, the lower court determined that the evidence alone, which was submitted by the prosecutor, is insufficient to find out the fact that the Defendant taken the victim’s spawn as stated in this part of the facts charged, without reasonable doubt, and that there is no other evidence to acknowledge it.

In light of the circumstances pointed out by the prosecutor, there is considerable doubt that the defendant had taken a fright photograph of the victim at the time of having a relation with the victim. However, in this case where objective evidence-related photographs have not been submitted as evidence as well as the statement and the recording of conversations between the defendant and the victim, it is difficult to view it as evidence of probative value that leads to the conviction that the facts charged are true to the extent that there is no reasonable doubt, and even if there is suspicion of guilt, the interest of the defendant should be judged.

Therefore, this part of the facts charged by the court below is based on its stated reasoning.