성폭력범죄의처벌등에관한특례법위반(특수강간)등
The prosecutor's appeal is dismissed.
1. Although sufficient evidence on the facts charged of this case was provided, the court below acquitted the facts charged of this case by misunderstanding the facts, or by misunderstanding the legal principles on the probative value of evidence and the establishment of rape.
2. The lower court, on the grounds indicated in its reasoning, found it difficult to believe the victim’s statement and the other evidence submitted by the prosecutor alone that the instant facts charged were proven without any reasonable doubt.
In light of relevant evidence, pleadings, and legal principles, the above judgment of the court below is just and there are no errors such as misconception of facts.
3. Accordingly, the prosecutor’s appeal is dismissed (Article 364(4) of the Criminal Procedure Act).