The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendant first filed a criminal complaint with an investigative agency against a rape from C, but consistently stated that he reversed the existing statement during the investigation process and made a sexual intercourse under the agreement with C; (b) C was subject to criminal agreement between the Defendant in order to escape the suspected sexual crime at the time; and (c) C cannot be deemed to have urged the Defendant to make a false statement or had an interview with the Defendant; and (c) even if the Defendant had sexual intercourse under the agreement between C, it can be sufficiently recognized that C was not guilty for the purpose of having C receive criminal punishment.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below: ① the statement of C is not consistent with the background of sexual intercourse with the defendant, ② the police officer dispatched by the defendant's report at the time was trying to flee, ② the defendant was trying to smoothly agree with the defendant with his/her spouse and Dong G, etc. despite having been arrested due to the charge of rape against the defendant; ③ the defendant did not actively respond to the complaint (C did not file a complaint with the defendant or indicate his/her intention to punish the defendant), ③ the defendant stated a sex relationship under the agreement with C only after the agreement with C was reached, and ④ the defendant reversed the existing statement by the investigative agency and contacted the defendant on the day, and C at the time, paid the relevant fine instead of a fine.