The prosecutor's appeal is dismissed.

1. Considering the summary of the grounds for appeal (fact-finding) the victim’s attitude to state his/her opinion, consistent statement of the offender’s seat and clothes coloring, and the defendant and his/her driver’s clothes, etc., the victim’s statement against the offender may be acknowledged as having credibility and, in addition, the fact that the defendant was seated in the actual seat, etc., the defendant committed an indecent act against the victim. On the other hand, the statements made by D, E, and J, which are favorable to the defendant, are not consistent.

Nevertheless, the judgment of the court below which acquitted the defendant on the facts charged is erroneous.

2. Determination

A. Article 307(2) of the Criminal Procedure Act provides that “The recognition of a criminal fact shall reach the proof to the extent that there is no reasonable doubt.”

Therefore, the conviction in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

In a case where the evidence submitted by the prosecutor alone does not reach the degree of conviction, the determination should be made with the benefit of the defendant even if there is a suspicion of guilt.

(see, e.g., Supreme Court Decisions 92Do1405, Sept. 1, 1992; 2016Do21231, Oct. 31, 2017). (b)

Examining the following circumstances in light of the aforementioned legal principles by comprehensively taking account of the evidence duly admitted and examined by the court below, it is difficult to view that the defendant was proven to the extent that there is no reasonable doubt that the victim’s her her her her her her her her her her her her her

Therefore, the judgment below is justified, and the prosecutor's argument is rejected.

1 The most important and direct evidence in this case is the statement of the victim.

The victim is a "C golf course" at an investigative agency and a court of original instance.