The appeal is dismissed.

The grounds of appeal are examined.

Article 22 (k) of the Agreed Minutes on Facilities and Areas under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America and on the Status of United States Armed Forces in the Republic of Korea (hereinafter referred to as the “Minutes of Agreement”) provides that “In any case in which the Korean authorities prosecution a member of the United States Armed Forces of the United States of America, military personnel, or their family members, they shall not be convicted on the part of the prosecution or not appeal a judgment of innocence, but shall not be subject to errors in statutes.”

However, the phrase “legal error” in this provision cannot be said to include a wide range of violations of law, and it does not constitute an unlawful act such as violation of the rules of law or failure of trial (see, e.g., Supreme Court Decisions 69Do487, May 27, 1969; 2007Do2348, Jun. 14, 2007). According to the record, the Defendant is a member of the Armed Forces of the United States of America, and the lower court is proven to the extent that the facts charged in this case are beyond reasonable doubt.

The fact that the Defendant was acquitted on the ground that it was insufficient to view it, and the prosecutor made a final appeal, and the reasons for the final appeal reveal the following facts: “The lower court’s judgment violates the law of logic and experience and violates the law of evidence and exceeds the bounds of free evaluation of evidence, and goes beyond the bounds of free evaluation of evidence, thereby adversely affecting the judgment.”

Examining these facts in light of the aforementioned legal principles, the prosecutor’s ground for appeal is not a “misunderstanding of law” among the provisions of the minutes of the above agreement, and thus, is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.