The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, there is an error of misconception of facts in the judgment below that acquitted the defendant, even though the defendant could be found to be a criminal who committed an indecent act by force against the victim.

2. Determination

A. In the relevant legal doctrine, the recognition of facts constituting an offense ought to be based on strict evidence with probative value that makes a judge feel true, beyond a reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that makes the aforementioned conviction, even if there is doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). (b) The lower court acquitted the Defendant of this part of the facts charged in its reasoning for its determination.

A thorough comparison of the evidence duly admitted and examined by the court below with the records, the evidence produced by the prosecutor alone alone is sufficient to prove that the facts charged in this case are beyond reasonable doubt.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case does not err by misapprehending the facts as alleged by the public prosecutor.

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