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The prosecutor's appeal is dismissed.
Reasons
1. Although the credibility of the victim’s statement that he was guilty of an indecent act by the Defendant was recognized, the lower court acquitted the Defendant of the facts charged, by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. In light of the circumstances stated in its reasoning, the lower court, based on the evidence submitted by the prosecutor, has credibility of the victim’s statement.
The defendant was not guilty on the ground that it is difficult to deem that the defendant had committed an indecent act or indecent act.
Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and contrary to the prosecutor’s assertion, the court below did not err by misapprehending the legal principles, or by
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.