The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim of the misunderstanding of facts (as to Article 2 of the facts charged in this case) specifically states the date and time of the crime and the method of the crime.

Witness F and Victim G made a statement corresponding to this.

Each of the above evidences has sufficient credibility to recognize the facts charged.

Nevertheless, the judgment of the court below which acquitted the facts charged is erroneous.

B. The sentence sentenced by the lower court to the Defendant (a punishment of two years and six months of the suspension of execution, an order to attend a lecture and an order to provide community service for 40 hours in each of the two years and six months of the suspension of execution) is deemed to be too une

(c)

It is improper for the court below to exempt the disclosure notification order, unless there are special circumstances that the disclosure notification order should not be disclosed.

2. Determination

A. 1) Determination on the assertion of mistake of fact 1) In light of the contents of the judgment of the first instance as to the trial-oriented principle and the principle of direct deliberation, the first instance court’s determination on the credibility of the statement made by the witness at the first instance court was clearly erroneous in its determination on the grounds that the evidence duly examined was examined.

Except in exceptional cases where it is deemed significantly unfair to maintain one of the first instance court’s judgments as to the credibility of a statement made by a witness of the first instance trial when examining the results of the first instance court’s examination and the results of an additional examination of evidence by the time the appellate court final proceedings, the appellate court should not reverse without permission the first instance court’s judgment solely on the ground that the first instance court’s judgment on the credibility of a statement made by a witness of the first instance court differs from the appellate court’s judgment (see, e.g., Supreme Court Decision 2009Do1409, Feb. 25, 2010). The burden of proof of criminal facts in a criminal trial is the prosecutor, and the judge may have conviction that the facts charged are true to the extent that there is no reasonable doubt.