The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (In fact-finding assertion) is as follows: (a) considering that the circumstances at the time of the instant crime and the statements made by the victim, consistent with the facts charged, could be trusted, the lower court acquitted the Defendant of the instant facts charged;

2. In the criminal trial procedure conducted in the form of a participatory trial, where the jury participated in the whole process of the examination of facts, such as witness interrogation, and the jury's verdict of innocence issued by unanimous opinion as to the preparation of evidence and fact-finding, such as credibility of witness's statement, is adopted in conformity with the jury's conviction of the full bench, the first instance court's judgment on the admission of evidence and fact-finding conducted through such procedure needs to be respected to the extent that it is sufficiently and clearly opposed to him/her through a new examination of evidence in light of the purport and spirit of the principle of direct examination and the principle of court-oriented trial as seen above, and in light of the purport and spirit of the court-oriented trial as seen above, unless

(see Supreme Court Decision 2009Do14065, Mar. 25, 2010). According to the records, it is reasonable to accept the result of a verdict given by a juror on a unanimous charge by the court below and find the defendant not guilty on the sole basis of the victim’s statement is difficult to readily conclude that the defendant is a criminal. Furthermore, it is difficult to view that there is a sufficient and sufficient circumstance to clearly oppose the defendant through a new examination of evidence in the trial.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.