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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal and the victim E or F’s statement that they were assaulted by the Defendant and his behavior are consistent and reliable, but the above statement is rejected, and the judgment of the court below which acquitted the Defendant of the facts charged in this case on the grounds of the victim E or F’s statement favorable to the Defendant and the circumstances that were punished after the facts charged (in convenience points, unilaterally assault the Defendant)
2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the defendant from the investigative agency to the court of first instance: (a) the defendant appeared out of the D main place due to the occurrence of vision between the defendant's daily activity and E; and (b) the defendant appeared out of the E main place so as to defend him by committing an assault from E in the situation where G and H are abandoned and mixed; (c) while, at the first police investigation, he consistently stated that "at the face of E, or did not consent to it." On the other hand, the defendant and the defendant did not make a consistent statement from the 5th police investigation to the K main place in order to go together with I and two, and the defendant did not make a statement from the 1st police station to the 1st police station's convenience, and the defendant did not make a statement from the 2nd police station's body and the 3th police station's statement in the case.