The prosecutor's appeal is dismissed.

1. Although the victim's statement in the summary of the grounds for appeal can be acknowledged as reliable, the court below erred in the misapprehension of legal principles or erroneous determination of facts that acquitted the defendant by denying the credibility of the victim's statement.

2. In full view of the following circumstances, the lower court found the Defendant not guilty on the ground that it is difficult to believe the victim’s statement.

The defendant consistently stated at the investigation stage that the victim tried to prevent the victim from making a cell phone call, and that there is no indecent act.

B. At the time of the instant case, the victim was unable to perform his/her duty under the lease agreement entered into with the Defendant, and there was a dispute with the Defendant, and there was a delay in the victim’s monthly payment.

C. The victim reported a telephone at 112 at the time of the instant case, and the contents of the telephone were recorded. The victim's statement and the contents of the telephone were compared to the victim's statement and the contents of the above telephone recording. In other words, according to the victim's statement, the defendant should have committed an indecent act against the victim at a short time that does not reach about three seconds. It is doubtful whether such an act is possible. ② The victim complies with the defendant's statement that "the victim committed an indecent act" only prevents the victim from speaking rather than the victim's statement that "the victim committed an indecent act". ③ The victim made a voice that the victim sent to the defendant at the investigation stage, but the victim resisted that the victim's chest was "dying" and it merely recorded the Defendant's chest at a short time after the completion of the situation.