The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim's statement that conforms to this part of the facts charged is reliable with the misconception of facts about special violence.

Nevertheless, the judgment of the court below which acquitted a person of special violence is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence (one million won of a fine) imposed by the court below on the defendant is too uneasible and unfair.

2. The lower court rendered a judgment on the assertion of mistake of facts and rendered a judgment not guilty of this part of the facts charged by explaining the grounds for the “not guilty part” of the judgment.

We affirm the judgment of the court below that the victim's statement cannot be deemed to have probative value to the extent that there is no reasonable doubt as to this part of the facts charged, by comparing the reasoning of the court below with the record and closely examining it, and there is no error of law by mistake of facts alleged by the prosecutor.

3. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of the following: (a) there is no new reason to change the sentence of the lower court in the trial; (b) there is no criminal history exceeding the same kind and fine for the Defendant; (c) the victim did not have any significant degree of damage; and (d) other various sentencing conditions, including the Defendant’s age, character and conduct, environment, motive or circumstance of the crime; and (e)

4. The appeal by the prosecutor of the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.