The prosecutor's appeal is dismissed.

1. The lower court acquitted the victim of the facts charged on the ground that the victim’s statement that he/she was raped by the Defendant was insufficient in credibility, although the victim’s statement is consistent and specific, and its credibility is high, while there are many circumstances to deem that the Defendant’s statement was false.

Therefore, the court below erred by misapprehending the legal principles and affecting the conclusion of the judgment.

2. The lower court determined that the Defendant has sexual intercourse with the victim by suppressing the victim’s resistance without reasonable doubt, with the evidence submitted by the prosecutor, including the victim’s statement, while explaining in detail the grounds for the determination that the victim’s statement lacks credibility.

It is difficult to conclude it.

The decision was determined.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt as to the facts charged of this case.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case does not err by misapprehending the facts as alleged by the public prosecutor.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.