The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dggravated Punishment, etc. of Specific Crimes) from among the facts charged in this case of mistake of facts, the victim reported that the defendant was sealed at the time of the occurrence of the case, and at least the defendant testified that the defendant had made one time a part of the victim's side of the victim's body.

In addition, H, who is a witness, testified that the defendant directly observed the victim's shoulder at one time, and H, as an objective witness, has credibility in its statement.

Therefore, the judgment of the court below which did not recognize this part of the facts charged is erroneous in misconception of facts.

B. The sentence imposed by the court below on the defendant (the fine of KRW 1,00,000) is too uneased and unreasonable.

2. Determination

A. The court below acquitted the victim and H on this part of the facts charged on the ground that it is difficult to recognize the credibility of the victim's police officer, prosecutor's office, and this court's testimony and witness H's testimony at the first instance court in relation to the facts charged of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (refence crime, etc.) among the facts charged in the instant case on the grounds as stated in its reasoning, on the ground that it is difficult to recognize the credibility of victim's testimony at the victim's police officer, prosecutor's office and this court, and witness H's testimony at the first instance court. In full view of the circumstances in the court below's reasoning acknowledged by the evidence, the above judgment of the court below is just, and there is no error of law of misconception of facts as argued by the prosecutor. 2) The existence of retaliation for the purpose of retaliation as well as the existence of a crime under Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act.