The prosecutor's appeal is dismissed.

1. According to the consistent statement, etc. by the victim C as to the summary of the grounds for appeal, the lower court determined that the Defendant was innocent on the ground that the Defendant had committed an indecent act by forcing the victim.

2. 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 of guilt is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

(1) The lower court’s determination that the instant facts charged cannot be deemed proven without reasonable doubt, based on its stated reasoning, is justifiable and acceptable. In so doing, the lower court did not err by misapprehending the legal doctrine regarding the facts charged in the instant case, since there was no new evidence to prove the facts charged in the instant case, and the lower court did not err by misapprehending the legal doctrine regarding the facts charged in the instant case. In so doing, it did not err by misapprehending the legal doctrine on the grounds that there was no new evidence to prove the facts charged in the instant case at the trial.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.