The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the victim's statement to the victim's investigation agency and the victim's statement to the victim's investigation agency can be admissible as evidence pursuant to Article 314 of the Criminal Procedure Act, and even if it is excluded, there is evidence of the facts charged in this case by the statement of witness E of the court below

However, the lower court acquitted the Defendant by misapprehending the facts or by misapprehending the legal doctrine.

2. The conviction in a false criminal trial for conviction ought to be based on evidence of probative value, which leads a judge to confluence that the facts charged are true beyond a reasonable doubt. As such, in a case where the prosecutor’s proof of guilt does not sufficiently reach the extent that such conviction would lead to such conviction, the determination ought to be made in the interest of the defendant even if he/she was suspected of guilt (see, e.g., Supreme Court Decision 2013Do13416, Jul. 24, 2014). Examining the record in light of the foregoing legal principles, as the reasoning of the judgment below properly states, each statement made by D or police made by D cannot be deemed as having been made under “a situation in which such statement or preparation is particularly reliable,” and the remaining evidence lacks probative value so that the facts charged of this case is proven without reasonable doubt.

As it is difficult to see this part of the judgment of the court below which acquitted under the proviso of Article 325 of the Criminal Procedure Act on the ground that there is no proof of a crime, it is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor. Thus, the prosecutor's above assertion is without merit.

3. Accordingly, 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.