All prosecutor's appeal against the Defendants is dismissed.

1. The summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) is sufficient to find the Defendant B guilty of the facts charged in the instant case, but there is no proof of crime, and the lower court acquitted the Defendants on the ground that Defendant A constituted an act that does not violate the social norms. In so determining, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to cause a judge to have the truth of the facts charged to the extent that there is no reasonable doubt, and if there is no such evidence, it is doubtful that the defendant is guilty.

Even if there is no choice but to judge the interests of the defendant.

(2) The lower court acquitted Defendant B on the ground that there was no proof of a crime, and found Defendant A not guilty on the ground that it did not violate the social rules stipulated in Article 20 of the Criminal Act, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the records of this case, the above judgment of the court below is just and there is no illegality of misunderstanding of facts or misunderstanding of legal principles as asserted by the prosecutor.

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