강간
The prosecutor's appeal is dismissed.
1. The judgment of the court below which acquitted the victim of the facts charged in this case on the ground that the victim's statement that corresponds to the facts charged in this case is reliable, and the defendant's statement that denies the facts charged in this case is difficult to believe it, there is an error
2. Determination
A. On November 26, 2017, the Defendant entered the victim C (so-called “B”) and the first film with the victim who became aware of through the SNS around “B” around November 26, 2017, and entered the case with the victim from Sungnam-si Del E around 18:05 on the same day.
After entering the above telecom, the Defendant saw the shower, followed the Defendant, and saw the shower, and went through the shower, and then divided this film with the victim who was going through the shower, in order to rape the victim. The Defendant saw the victim's left part by his own hand, and put the victim's head on his hand, with his hand, and put the victim's head on the victim's knife with his own hand, and again put the victim's knife his knife his knife each part of his knife his knife his knife each part of the victim's knife with his body, etc., and added the victim's knife several times into the victim's port, and instead inserted the victim's knife several times without deducting the victim's head from the victim's knife.
Accordingly, the Defendant raped the victim.
B. The lower court found the Defendant not guilty of the instant facts charged in detail on the grounds of its determination.
In a criminal trial, the burden of proving the facts charged is to be borne by the public prosecutor, and the conviction has probative value that makes the judge feel true to the extent that there is no reasonable doubt.