The prosecutor's appeal is dismissed.

1. In light of the following: (a) the victim of the gist of the grounds for appeal consistently states the content of damage from the investigative agency to the court below’s trial; and (b) the victim has no reasonable grounds to believe the victim’s statement; and (c) the victim has committed an indecent act by force on the part of the victim.

Nevertheless, the court below rejected the statements of the victim with credibility and sentenced not guilty of the facts charged, and the judgment of the court below erred by mistake of facts.

2. Determination

A. Evidence of criminal facts in criminal proceedings must be presented by a prosecutor, and evidence of criminal facts must be proven by a judge to the extent that there is no reasonable doubt, and if there is no evidence to establish such a degree of conviction, it is inevitable to determine the defendant as the interest of the defendant even if there is a suspicion of guilt (see Supreme Court Decision 2007Do163, Nov. 30, 2007, etc.). (b) Examining the reasoning of the judgment of the court below in light of the relevant evidence and the record, it is sufficiently acceptable to find the court below not guilty on the ground that the facts charged against the defendant constitute a case where there is no proof of criminal facts for the reasons as stated in its reasoning, and there is a violation of law by mistake of facts alleged by the prosecutor.

subsection (b) of this section.

Therefore, we cannot accept the prosecutor's assertion of mistake.

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.