The prosecutor's appeal is dismissed.

1. According to the statements, etc. by the victim C and witness E in each court of the original instance, the court below determined that the defendant was innocent due to misconception of facts, although the defendant could sufficiently recognize the facts of indecent act by compulsion of the victim C.

2. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(See Supreme Court Decision 201Do7261 Decided November 10, 2011, etc. (see, e.g., Supreme Court Decision 2011Do7261).

Based on the above legal principles, a thorough examination of the reasons for innocence of the judgment below and the evidence duly adopted and examined by the court below is justified in holding that the court below directly examined C and H as a witness, and after the examination of the remaining evidence submitted by the prosecutor, it is difficult to believe that C’s statement by the witness of the court below, which seems to conform to the facts charged, was conducted in detail, and the evidence submitted by the prosecutor alone is insufficient to conclude that there was no reasonable doubt as to the facts charged of this case, and that there was no other evidence to prove otherwise, and that there was no other evidence to prove this, it is reasonable to conclude that the defendant was innocent. Although additional evidence was examined in the court, there was no new evidence to prove the facts charged of this case, the prosecutor’s assertion of mistake of facts is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.