The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (misunderstanding of facts) is as follows. The victim's statement concerning the crime of this case can be sufficiently reliable in light of the circumstances at the time of appeal, and the victim was in a state of mental and physical loss or arbitrariability due to drinking.

Nevertheless, the credibility of the victim's statement was denied, and the victim was in a state of mental or physical loss or non-competence by drinking at that time.

The judgment of the court below which acquitted the Defendant of the facts charged of this case on the ground that it is difficult to conclude it.

2. On the grounds indicated in its reasoning, the lower court acquitted the victim of the instant facts charged on the ground that it is difficult to recognize the credibility of each of the statements in the investigative agency and the court below’s trial on the instant facts charged, and the evidence submitted by the prosecutor alone cannot be recognized.

In full view of the circumstances in the reasoning of the lower judgment admitted by the evidence of this case, the lower court’s aforementioned determination is just and acceptable. Of the lower judgment, the phrase “ November 14, 2016” in the first sentence of Article 7 of the 5th page “No. 14, 2015”; and the phrase “No. 13, 2016. Nov. 13, 2015”; and the phrase “No. 7 page No. 10, 2016. Nov. 16, 2016”; and “No. 15, 201,” respectively, appears to read “No. 14, 2015.”

Since the statement of the witness S, which was additionally examined in the trial of the party, has no credibility or lack of probative value, it does not affect the above judgment of the court below.

Therefore, prosecutor's assertion of mistake is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.