The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor of mistake of facts, the court below acquitted Defendant B of this part of the facts charged because it did not properly examine CCTV recording materials, which are important evidence, although Defendant B, etc., jointly with Defendant A, etc., and it is erroneous in the misapprehension of facts that affected the conclusion of the judgment.

B. The lower court’s sentence of KRW 300,000,000, which sentenced Defendant A on the grounds of unfair sentencing, is too uneasible and unreasonable.

2. Determination

A. The court below's decision on the assertion of mistake of facts and the evidence duly adopted and examined by the court below and the court below, i.e., the following circumstances: (i) when the defendant B went to the scene of this case after contact with I from the investigative agency up to the trial court, the victim was out of her fright, and the victim was her seated and her seated, and the victim was her fighting with the defendant A, and the crime of this case was denied; and (ii) on April 13, 2012, the victim stated to the effect that "the victim was easy for the defendant A, etc. to make it difficult for the defendant A, etc. to take advantage of her fright at the police station (the investigation record No. 56,57 of the investigation record), and the amount of five months last September 10, 2012, the victim's photograph was not less than the amount of the victim's photograph after the prosecutor's examination agency confirmed the defendant B's photograph and the defendant's photograph was less than the victim's 17.