The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant on the ground that there is insufficient evidence to prove the facts charged of this case, despite consistent statements made by the victim by indecent act by compulsion from the defendant and according to CCTV images installed at the scene of the crime, the credibility of the victim's statement is recognized.

2. The court below rejected the credibility of the victim's statement on the ground that the evidence corresponding to the facts charged in this case is only the victim's police and the court below's testimony. The victim's statement differs from the third party's statement at the scene, and there is no speech about this case to the defendant or his family residing in the same building for a considerable period of time, and four days after the occurrence of this case, the reasons and circumstances leading up to the defendant's complaint are not easily accepted, and acquitted the defendant on the ground that the facts charged in this case were not proven.

Examining the judgment of the court below in comparison with the records of this case, although the court below did not dismiss the interrogation protocol of the defendant prepared by the prosecutor, which corresponds to the facts of this case, and found the defendant not guilty, the contents of the above interrogation protocol are merely that the defendant would recognize the victim's statement because the victim did not have memory, but did not make a false statement, and it is difficult to view that the defendant has made a statement under the sufficient judgment that he suffered from unstable diseases, etc., and as long as the defendant denies the facts charged in court, it is insufficient to recognize the above interrogation protocol as a confession of the facts of this case or use it as evidence for guilt. Accordingly, the judgment of the court below is sufficiently acceptable, and therefore, the prosecutor's argument of mistake of facts

3. Conclusion, prosecutor.