The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (misunderstanding of the facts and legal principles) is that the Defendant might have been chilling psychologically because the victim was a workplace superior to the victim, and that the victim might be flickly affected by sexual assault over two times, and that the victim who was present at the court of the court below after one year from the time of committing the crime was trying to give more concrete answers by rhying his memory on each question, the victim made a statement that is different from the order of damage or that it is difficult for the victim to make some statements.

Thus, the court below cannot believe the core part of the victim's statement.

It is difficult to accept the judgment.

In addition, even if one victim's resistance has not been weak, if there was a victim's resistance, and if the defendant led to the sexual intercourse and has led to the sexual intercourse, the victim's resistance has to be threatened and the victim's resistance has to be forced due to the exercise of the defendant's tangible power.

Ultimately, the lower court acquitted the Defendant of the facts charged in the instant case, which erred by misapprehending the legal doctrine on the rules of evidence and misconception of facts as to the credibility of the victim’s statement, whether the Defendant’s tangible power was exercised, and the causal relationship with the victim’s non-performance of power

2. In full view of the circumstances acknowledged by the evidence duly admitted and examined, the lower court did not have reasonable doubt that the victim’s statement to the effect that the Defendant had committed rape over two occasions, even though the victim clearly expressed his/her intent to refuse sexual intercourse, is unreasonable and credibility. Even if the victim’s statement partially accepted the victim’s statement and recognized the exercise of the Defendant’s tangible power, it led to the extent that the exercise of the victim’s tangible power was impossible or considerably difficult.