The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim of the misunderstanding of facts consistently states the core of the fact of damage.

However, the lower court determined that the credibility of the G’s statement was insufficient, and acquitted the victim and the victim on the indecent act by force among the facts charged in the instant case.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (the suspended sentence of KRW 700,00) is deemed to be too uneasy and unfair.

2. In a case where there are no new objective grounds that could affect the formation of conviction during the appellate trial’s trial process of a judgment on the assertion of mistake of facts, and there are no reasonable grounds to deem that the determination of the value of evidence for the first instance was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules, etc., the determination on the acknowledgement of facts in the first instance shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The lower court’s “not guilty portion” in the said judgment.

2. The evidence submitted by the prosecutor on the basis of the detailed circumstances in the item in the “determination” subject to proof that the Defendant committed an indecent act by force on two occasions was proven without any reasonable doubt.

It is difficult to see

Accordingly, this part of the facts charged was judged not guilty.

In this part of the judgment of the court below, there is no reasonable reason to deem that the judgment of the court below was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules.

In addition, there is no new objective reason to affect the formation of evidence in the trial process of one court.

The judgment of the court below on this part is just and there is a mistake of facts as argued by the prosecutor.