The prosecutor's appeal is dismissed.

1. The judgment of the court below that found the facts charged of this case not guilty, based on the evidence submitted by the prosecutor as to the summary of the grounds for appeal (misunderstanding of facts), is erroneous in the misapprehension of facts.

2. The lower court determined that the evidence submitted by the prosecutor, such as the victim’s police and the statement at the lower court’s court cannot be readily concluded as a criminal who committed an indecent act against the victim.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim was committed at night against the offender first committed an indecent act at night, and thus did not respond to the confirmation of the offender's appearance. ② The victim was called the offender's appearance at night. ② The victim was identified as the offender on the CCTV screen of the nearby funeral hall in the crime place. The defendant was confirmed inside the police's statement recording room outside the police's statement room and tried again as the offender. ③ The victim was identified as the offender in accordance with the victim's appearance and appearance of the offender. ③ The victim was determined as the offender in accordance with the victim's memory of the offender's appearance and appearance, and ④ The victim was determined as the offender in accordance with this court from the investigation agency to this court, and the victim was consistently denied the Defendant's crime on the day of the funeral hall and the defendant's appearance on the same day.

(5) In full view of the circumstances such as the fact that the court does not seem to have been able to suspect that the injured person has made a false statement in order to conceal the accused's criminal act, the circumstances immediately after the commission of the indecent act, the circumstances immediately after the commission of the injured person, the circumstances and method of the injured person's classification of the accused as the criminal offender, the conduct of the accused person and the statement by the court.