The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In fact, it seems that the victim of this case has brought about the sex relationship with the defendant with a considerable amount of relationship, however, there is no clear ground for suspecting the credibility of the victim's assertion that the sexual relationship on the day of this case took place forcibly by the assault of the defendant, while the defense of the defendant is inconsistent and unreasonable.

Nevertheless, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found the Defendant guilty on the part of the charge of rape injury among the charges of this case as a result of denying the credibility of the victim's statement, while accepting only the defense of the Defendant who is difficult to recognize persuasive as above.

The sentence imposed by the court below on the defendant (two years of the suspended execution of eight months of imprisonment and fine of five thousand won) is too uneasible and unfair.

Judgment

As to the assertion of misunderstanding of facts on the grounds of its stated reasoning, the court below found the Defendant guilty of the charge of rape injury on the ground that it is difficult to view that the evidence presented by the prosecutor alone was proven to the extent that there is no reasonable doubt that the Defendant raped the victim as stated in this part of the facts charged, and that there is no other evidence to prove

The judgment below

Examining the reasoning closely and closely by comparing the record, the court below is justified in finding the Defendant not guilty of injury resulting from rape among the facts charged of this case, and there is no error of mistake of facts as alleged by the prosecutor

This part of the appeal by the prosecutor is without merit.

As to the assertion of unfair sentencing, there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, they should be respected.