The prosecutor's appeal is dismissed.

1. Although the police of the victim, the prosecutor's office and the court below's statement in the court below are specific and consistent, and the victim's statement and analysis of the victim's statement showed credibility as a result of the victim's statement, the court below rejected it and sentenced the defendant not guilty, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment

2. In light of the fact that the criminal appellate court has the nature of ex post facto examination and that it has the spirit of substantial direct examination under the Criminal Procedure Act, etc., in a case where the first instance court rendered a not guilty verdict of the facts charged on the ground that there is insufficient evidence to exclude a reasonable doubt after undergoing examination of evidence, such as the examination of witness, if it does not reach the extent to sufficiently resolve the reasonable doubt causing the first instance court through the examination of the appellate court, such circumstance alone alone is insufficient to conclude that there was an error of misunderstanding of facts in the first instance judgment, and thus, it shall not be found guilty of the facts charged (see, e.g., Supreme Court Decision 2012Do14516, Apr. 28, 2016). The lower court: (a) the direct evidence to acknowledge the facts charged of the instant case by the Defendant was the only statement of the victim; (b) the victim was admitted by the evidence duly adopted and examined by the lower court; (c) the victim was able to use the text message from the Defendant or the Defendant first instance on April 20.