The prosecutor's appeal is dismissed.

1. As to the summary of the grounds for appeal (in fact-finding), according to the evidence submitted by the prosecutor, the lower court erred and adversely affected the conclusion of the judgment by misapprehending the fact that the Defendant was found not guilty even if the Defendant was found to have served the victim as the victim’s Korean-style test as stated in the facts charged in this case and received the Pomb with the victim.

2. In the process of the appellate court’s trial, there was no new objective reason that could affect the formation of a documentary evidence, and the first instance court’s judgment was clearly erroneous.

In the absence of reasonable grounds to deem that the argument leading to the fact-finding is significantly unfair due to the violation of logical and empirical rules, etc., the determination on the fact-finding of the first instance court should not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The lower court determined that the evidence submitted by the prosecutor alone cannot be readily concluded that the Defendant had the intention to attack the Defendant, by taking full account of the following circumstances, including the relationship between the Defendant and the victim, the developments leading the victim first expressed that the Defendant would be able to wear clothes to the Defendant, the circumstances at the time when the victim initially set off and immediately after the victim’s clothes to the Defendant, and the interval between the time when the victim assaulted and clothes to the Defendant, etc., and that the Defendant was not guilty.

Examining the above judgment of the court below in a thorough comparison with the records, the judgment of the court below was clearly erroneous.

There is no reasonable ground to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.