The prosecutor's appeal is dismissed.

1. The lower court acquitted the Defendant of the charge of rape on the ground that the Defendant’s intent to rape was found.

2. Determination

A. On May 1, 2013, the Defendant: (a) around 03:00 on May 1, 2013, 2013, the Defendant: (b) brought the victim G (hereinafter, 25 years of age) seated to view a malle for rape in the first floor of female toilets in Ansan-si, a building F, with a view to viewing the marcing side of the building; (c) placed the victim’s marced hand on his hand; (d) prevented the victim from sustaining the mar’s seat; and (e) forced the victim’s resistance, but did not bring the victim’s resistance to the wind, and did not commit an attempted crime.

As a result, the defendant tried to rape the victim, but failed to do so, and caused the victim to be out of the face and neck of trees requiring approximately two weeks of medical treatment, and suffered injury.

B. The lower court consistently stated that ① the Defendant was working in the vicinity of the building located in the toilet located in the investigation agency from the lower court to the lower court’s court’s trial, and the Defendant was able to talk with her own female-friendly equipment, which was working in the vicinity of the building located in the toilet located in the above facts charged, and that the said toilet was fluenced with the victim, and the victim was fluenced with the victim, and the victim was fluenced, and that there was no time to enter the victim’s body. ② At the time of the instant case, the Defendant was working in the vicinity of the building located in the toilet located in the above facts charged, and the Defendant tried to talk with her women-friendly district for several times before entering the said toilet. ③ Women’s toilets located in the 1st floor of the building located in the business place up to new wall hours such as main office or singing room, and that there was a male toilet on the next day, and most male and female children’s toilet occurred at the time of the instant case (the instant case’s toilet occurred).