The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal: Fact-misunderstanding;

A. As to the crime of quasi-rape, the victim came to be aware of the first injury that the victim was her body, and the defendant was her body, and the defendant was her body with her clothes.

The victim had sexual intercourses with the defendant several times at night, and the defendant had sexual intercourses with him.

Since the answer was consistently stated, the statement has credibility.

Therefore, this part of the facts charged was proved without reasonable doubt.

However, there is an error of law that affected the judgment by misunderstanding the fact that the court below determined this part of the facts charged as a case where there is no proof of crime.

B. As to rape, the victim consistently stated that “the Defendant had sexually abused himself/herself in the invasion.”

The victim has kept the fixed amount of the defendant as a stop in order to secure evidence after sexual assault.

Defendant

He also stated that “the victim expressed his intention of refusal at the time of a sex relationship.”

Therefore, this part of the facts charged was proved without reasonable doubt.

However, there is an error of law that affected the judgment by misunderstanding the fact that the court below determined this part of the facts charged as a case where there is no proof of crime.

2. Determination

A. In light of the content of the judgment of the court of first instance regarding the judgment on the credibility of the statement by the witness at the court of first instance and the evidence duly examined by the court of first instance, the first instance judgment on the credibility of the statement by the witness at the court of first instance was clearly erroneous.

The first instance court's decision on the credibility of a statement made by a witness of the first instance court is not deemed significantly unfair, except in exceptional cases, such as the first instance court's decision on the credibility of the statement made by the witness of the first instance court and the result of further examination of evidence conducted until the closing of the appellate court's argument.