The prosecutor's appeal is dismissed.

1. According to the evidence duly admitted and examined by the court below, such as the summary of the grounds for appeal (misunderstanding of legal principles) and the victim's statement or black image, the court below erred by misunderstanding of facts or misunderstanding of legal principles, even though it is possible to fully recognize the facts charged in this case.

2. Determination

A. According to the evidence duly admitted and investigated by the court below, there is a fact that there is a circumstance to suspect the defendant's guilty of the facts charged in this case.

However, in a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient to cause the judge to feel true that the facts charged are true beyond a reasonable doubt, and if there is no such evidence, it is doubtful that the defendant is guilty.

Even if there is no choice but to judge the interests of the defendant.

B. (See, e.g., Supreme Court Decision 2001Do2823, Aug. 21, 2001).

On the grounds indicated in its reasoning, the lower court rendered a not-guilty verdict on the facts charged in this case on the grounds that there is no proof of crime, and considering the reasoning of the lower judgment in light of the relevant legal principles and the records of this case, the lower court’s above determination is justifiable, and

C. Therefore, we cannot accept the prosecutor's allegation of mistake or misapprehension of legal principles.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, the second six parallel "17:37" of the judgment of the court below shall be corrected ex officio to "19:37".