The prosecutor's appeal is dismissed.

1. In full view of the following facts: (a) the victim’s statement in the summary of the grounds for appeal is consistent; (b) the victim’s statement is in line with the part of the assault; and (c) the Defendant cannot be evaluated as a passive act of defense against the victim’s breathing breath, etc., the lower court acquitted the Defendant of the charges

2. Determination

A. The lower court’s judgment, based on its stated reasoning, proved without a reasonable doubt that the Defendant was sleeping the victim’s breath, as in the facts charged in the instant case, solely based on the evidence presented by the prosecutor.

It is difficult to see that there was a fact that the Defendant flabbling the victim.

Even if the defendant's act was deemed to have reached an illegal attack beyond passive defense, the defendant was acquitted of the facts charged of this case on the ground that it is insufficient.

B. Examining the above judgment of the court below closely by comparing it with records, the judgment of the court below is just and acceptable, and there is a prosecutor's error of misconception of facts or of misunderstanding of legal principles as alleged in the grounds for appeal.

It is not recognized.

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.