The prosecutor's appeal is dismissed.

1. According to the summary of the grounds of appeal by the victim's statement, the court below erred by misapprehending the legal principles or erroneous determination of facts, although the defendant could find out the facts that the defendant committed an indecent act against the victim on the right side of the victim as follows.

2. Determination:

A. On November 16, 2013, at the main point of “D” located in Seoan-gu, Seoan-gu, Seoan-si, Seoan-si, the Defendant discovered the victim E (n, 30 years of age) who passed through the passage at the main point, and went through the said place, and the part of the victim’s right bank and the ship to the right side of the victim, which led to indecent act by force on the following.

B. The lower court rendered a not guilty verdict on the instant facts charged on the ground that it is difficult to view that the victim’s statement alone was proven beyond reasonable doubt, because it is difficult to believe the victim’s statement as it is, in light of the statement by the witness F and the witness G, who is the chief operator of the main place of business, as well as the victim’s statement.

C. 1) In a criminal proceeding, the evidence that there is a criminal fact must be presented by the prosecutor, even if the defendant's defense is unreasonable and the defendant's defense is false, so that it cannot be disadvantageous to the defendant, and criminal facts must be proven by a judge to have high probability to the extent that there is no reasonable doubt. If there is no evidence to form a conviction, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007). 2) If the defendant consistently denies the facts charged and the direct evidence consistent with the facts charged is the direct evidence consistent with the facts charged, and if the victim's statement is the only statement made by the victim, and thus, it is true and accurate to find the defendant guilty of the facts charged.