The prosecutor's appeal is dismissed.

1. According to the consistent statement of the victim and relevant evidence, the court below rejected the victim's statement and acquitted the victim of the facts charged of this case, although it can be sufficiently recognized that the defendant committed an indecent act as in the facts charged of this case.

Therefore, the judgment of the court below is erroneous.

3. Determination

A. Evidence of criminal facts in criminal proceedings must be presented by a prosecutor, and evidence of criminal facts must be proven by a judge to the extent that there is no reasonable doubt, and if there is no evidence to establish such a degree of conviction, it is inevitable to determine the defendant's interest even if there is a suspicion of guilt (see Supreme Court Decision 2007Do163, Nov. 30, 2007, etc.). (b) Examining the reasoning of the judgment below's judgment of innocence in light of evidence and records, it is sufficiently acceptable that the court below acquitted the defendant on the ground that the facts charged against the defendant constitute a case where there is no proof of criminal facts, and it is erroneous in the misapprehension of facts alleged by a prosecutor.

subsection (b) of this section.

Therefore, we cannot accept the prosecutor's assertion of mistake.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.