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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the prosecutor’s appeal grounds (fact-finding) is consistent with the fact of damage from the investigative agency to the court of the court below, G’s daily act, and H consistently stated the fact that the victim committed the indecent act in the F’s internal corridor, and the indecent act in the F’s internal corridor did not clearly appear on CCTV because the act of indecent act was committed in the distance between CCTV and the place of the crime, and it cannot be said that the Defendant did not have credibility in G’s statement for this reason. In light of the fact that the Defendant committed the indecent act in the F’s internal corridor and entered G’s 11 room to kill it, G, I, and H appears to have been committed by the indecent act in the F’s internal corridor, and that there was no reason to make a false statement only once with the Defendant first time on the day of the instant case, the statement in G is deemed to have credibility.
Nevertheless, the court below rejected the credibility of G’s statement and found the Defendant not guilty of the facts charged in this case and erred in mistake of facts.
2. In order to reverse the judgment of the court below that rejected the credibility of G’s statement, which is the evidence supporting the facts charged in the instant case, the judgment of the court below should be sufficiently and sufficiently acceptable, and most of the circumstances required in the grounds of appeal should not be seen as circumstances to the extent that the judgment of the court below is not acceptable, such as where most of the circumstances in the grounds of appeal were already pointed out in the trial process of the court below and considered in the process of the judgment of the court below.
The following circumstances that can be recognized by the court below and the trial court based on the evidence duly adopted and examined, i.e., H, in regard to the question of “I am on the see of the witness the chest.” In response to the question of “I am on the see of the witness, I am am on whether I am in contact with the fact that I am, as a matter of course, I am am on the chest.”