The prosecutor's appeal is dismissed.

1. Summary of prosecutor's grounds for appeal;

A. Regarding the part of the judgment of acquittal of facts in the judgment of the court below, the victim stated that it is relatively consistent to the police and the prosecutor's office's investigation process, the circumstance of the damage, place, etc. up to the testimony process in the court of the court below. The victim did not make a statement about rape damage at the submission stage of sexual assault counseling centers and the prosecutor's office, but the victim thought that it would be possible to make a statement about all the damage when he was investigated in advance by the investigative agency, and that at the time, the victim did not make any statement about the damage. The plaintiff was present at the time, G made a statement by which it was possible to presume the damage fact, and used the victim's agreement immediately after the crime was committed. In the case of amusement reception reception centers such as the victim, there are many tendency that the victim made a statement by reducing the damage, the victim did not have any motive to dismiss the defendant, the victim's accurately memorys the defendant's sexual intercourse and actions at the time, and the victim's credibility is sufficiently acknowledged according to this part of the facts charged.

Nevertheless, the court below rejected the credibility of the victim's statement consistent with this part of the facts charged and acquitted the defendant on this part of the facts charged. Such judgment of the court below is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment and two years of suspended sentence) is too uneased and unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged 1) Paragraph (1) (Rape) of the main facts charged is as follows: (a) the Defendant, together with F and E, with the victim D (including two years of age and 55) who is a entertainment entertainment receptionist in the studio of C entertainment tavern No. 1, 30 on January 6, 2018, 201.