The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), the Defendant, at the time of the instant case, attempted to rape by exercising the force of force, such as lying the victim on a grass field, notwithstanding the expression of the victim’s intent to clearly refuse refusal, and contrary thereto.

Therefore, the judgment of the court below which acquitted the defendant on the charge of this case is erroneous in the misapprehension of facts and legal principles.

2. In light of various circumstances, such as the relationship between the Defendant and the victim, and the victim’s speech and behavior, the circumstances of the case, and the situation at the time of the case, revealed by the evidence duly adopted and examined by the lower court at least 2 pages of the judgment, the lower court, based on the evidence submitted by the prosecutor, was proven to the extent that there is no reasonable doubt that the Defendant had a criminal intent to rape the victim after suppressing the victim’s resistance by assault or intimidation despite the victim’s refusal to do so.

It is insufficient to view the facts charged in this case and sentenced not guilty.

Examining the evidence duly adopted and examined by the court below, the judgment of the court below is just and acceptable, and there is no misconception of facts or misunderstanding of legal principles alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.