The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant on the ground that the victim's statement was not reliable even if the defendant's testimony F was based on the defendant's testimony, there is an error of mistake of facts in the decision of the court below which acquitted the defendant on the ground that the victim's statement was not reliable

2. Determination

A. The lower court determined that the instant facts charged constituted a case where there was no proof of criminal facts, on the grounds that it is difficult to believe that the victim’s statement is inconsistent and there was no other evidence to prove that the Defendant used the victim as stated in the facts charged.

B. Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just and acceptable except for adding below judgments, and there is no error of law by misunderstanding facts in the judgment below as alleged by the prosecutor, which affected the conclusion of the judgment.

1) The witness F of the lower court stated to the effect that the Defendant was drinking with the victim because of the problem of installment payments, etc., and that the victim was faced with the victim. Although it was true that the victim got out of the victim, the Defendant was not able to cause the victim to face with the victim as stated in the facts charged, this alone is not clear whether the cause of the victim was caused by the exercise of the type of force by the Defendant. (ii) The victim stated at the lower court that “I was seated at any location on the lower court’s right side, and the Defendant was seated immediately next to the Defendant,” and that “I asked the defense attorney’s question, e.g., that two persons were seated next to the Defendant, but there was a little difference.”

In addition, the victim is the defendant who is not a party to the case where "the victim was a party to the case where he was able to write the table in two hands."