강간
The prosecutor's appeal is dismissed.
1. In full view of the evidence, such as the victim’s statement, details and details of the report, the situation before and after the case, and DNA appraisal results, the lower court erred by misapprehending the facts charged but acquitted the Defendant, thereby adversely affecting the conclusion of the judgment.
2. Based on its stated reasoning, the lower court acquitted the Defendant on the grounds that it is difficult to view that the evidence submitted by the prosecutor alone was insufficient to view that the Defendant raped the victim and there is no other evidence to acknowledge it.
In light of the records, the above judgment of the court below is just, and there is no error as alleged by the prosecutor.
The prosecutor's argument cannot be accepted.
3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is reasonable.