The prosecutor's appeal is dismissed.

1. Judgment on the prosecutor's assertion of mistake of facts

A. According to the victim's statement, the court below acquitted the defendant on the ground that there is no evidence of crime even if the defendant was found to have committed an indecent act by force.

B. In a case where the first instance court rendered a not guilty verdict of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as the examination of witness, etc., in light of the fact that the criminal appellate court has the character as an ex post facto trial even though it was in fact, and the spirit of substantial direct cross-examination as prescribed in the Criminal Procedure Act, etc., it may be probable or doubtful as to

Even if it does not reach the extent of sufficiently resolving the reasonable suspicion caused by the first instance trial, such circumstance alone alone does not readily conclude that there was an error of misconception of facts in the judgment of the first instance court that lack of proof of crime (see Supreme Court Decision 2012Do14516, Apr. 28, 2016). In full view of the adopted evidence, the lower court found the Defendant not guilty on the ground that the victim’s statement is inconsistent and it is difficult to obtain the victim’s statement as to the circumstance of the accusation; the victim tending false facts and stated the fact as he/she experienced; the victim’s statement in the lower court’s court; the victim’s statement cannot be readily concluded that the victim’s indecent act by force, such as the instant facts charged, due to lack of credibility; and the evidence submitted by the prosecutor alone is insufficient to recognize it.

Examining the judgment of the court below in a thorough comparison with the records, the judgment of the court below was clearly erroneous.

(b).