2. The lower court found the Defendant not guilty of the facts charged of this case on the ground that the victim’s statement, the only evidence supporting the victim’s failure to resist due to the taking of the instant case, is inconsistent with the core situation, and is not consistent with the victim’s behavior or attitude before the occurrence of the instant case, and thus, is not reliable.

In light of the evidence duly adopted and examined by the court below, the judgment of the court below is justified, and there is no error of law by mistake of facts as pointed out by the prosecutor. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.