The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) in full view of the content of the Kakakao Stockholm dialogue between the victim and the defendant and the witness H’s testimony at the court below, even if the defendant had sexual intercourse with the victim as a threat of force, the court below acquitted the victim of the facts charged of this case, which affected

2. Determination

A. The lower court determined that, in light of the following circumstances acknowledged by the evidence duly admitted by the lower court, the said evidence submitted by the prosecutor alone is difficult to readily conclude that the Defendant had sexual intercourse with the victim by using force sufficient to suppress the victim’s free will at the time of sexual intercourse, and there is no other evidence to acknowledge the same differently. In so doing, the lower court did not err by misapprehending the legal doctrine on the evidence that the Defendant and the victim’s sexual intercourse were committed by force against the victim’s will.

1) The victim, at the time of the police investigation, stated the circumstances at the time that the defendant forced him/her to go into the telecom. However, according to CCTV images installed in the telecom, the defendant and the victim, after getting off the telecom from the telecom to the entrance of the telecom, did not string the victim's hand, and the victim did not go to the telecom at the time when she got out of the telecom, and talks with the defendant by getting out of the telecom at a normal speed and speed, so the victim's statement of the police that he/she went to the telecom is inconsistent with objective evidence. 2) After the victim's prosecutor and court below, the victim's statement that he/she went to the telecom to the telecom.