The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Part 1 of the defendant's case is erroneous (as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similarness)), and the victim is consistent from an investigative agency to the court below's decision, and the defendant and the respondent for an attachment order (hereinafter "defendant").

In light of the fact that the victim stated that the intimidation was made by the act of similarity, and the victim made a false statement and there was no motive to mislead the defendant, the court below held that the victim's statement was reliable, but it was not believed, and found the defendant not guilty of this part of the facts charged. The court below's decision is erroneous in misunderstanding of facts. 2) The court below's sentence (5 million won of fine) of unreasonable sentencing (which is 5 million won of fine) is too uneasible and unfair.

B. As above, it is unlawful for the lower court to dismiss the Defendant’s request for an attachment order against the Defendant even though the Defendant is likely to recommit a sexual crime, which constitutes a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

2. Determination

A. Part 1 of the Defendant’s case ought to be found guilty in a criminal trial on the assertion of mistake of facts based on evidence with probative value that leads a judge to feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it shall be determined as the benefit of the Defendant (see, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006). The lower court is difficult to believe that the statements made by the victim’s investigative agency and the lower court court at the investigative agency and the lower court court on the grounds of the circumstances stated in its reasoning, and the remaining evidence submitted by the prosecutor alone constitute an act of assaulting or threatening the victim at the time indicated in this part of the facts charged.