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The prosecutor's appeal is dismissed.
Reasons
1. Although the victim's statement in the summary of the grounds for appeal is consistent and its credibility can be fully recognized, the court below rejected the victim's statement without reasonable grounds and acquitted the facts charged in this case. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.
2. In full view of the following circumstances that can be additionally acknowledged based on the evidence duly admitted and investigated by the court below, the court below's decision that acquitted the facts charged of this case on the ground that the victim's statement that corresponds to the facts charged is not reliable or it is insufficient to recognize the facts charged is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts as argued by the prosecutor.
Since the toilet of this case was built of a screen at the right corner of the wall of the front side on the opening of the entrance, the victim seems to have not left the space between the wall on the left side of the victim and the victim who took the door back to the right side of the front.
In addition, the victim stated that the defendant was in front of the male urier who is on the left side of the three gate, when he gets his hand in his three gate.
Therefore, if the victim's assertion is identical to the victim's assertion, the defendant moved the victim to open and open a door at a short time, and approach the victim's left side behind the victim's left side where there is almost no space. In addition, the victim's chest was confined to the victim's chest. Thus, it is difficult to easily understand the victim's statement by itself.
B. At the time, the above toilets were in a narrow space, and the partitions installed with turines.