The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is as follows: (a) it is recognized that the victim’s statement is reliable and the defendant has exercised the tangible power against the victim; and (b) it is consistent with the statement in the medical certificate issued by the victim, thereby finding the defendant guilty of the facts charged in the instant case.

2. Determination

A. In light of the contents of the judgment of the court of first instance and the evidence duly examined in the court of first instance, unless there exist special circumstances to deem that the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or in light of the results of the examination of evidence and the results of additional examination of evidence conducted by the court of first instance until the closing of pleadings, it is remarkably unfair to maintain the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance as they are, the appellate court shall not reverse the judgment of the court of first instance on the sole ground that the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance is different from the judgment of the appellate court (see Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2010Do3846, Jun. 24, 2010).

B. Therefore, prosecutor's assertion is without merit.

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