The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal in light of the following facts: (a) the victim H (hereinafter “victim”) reported damage to the police immediately after the instant crime was committed; (b) the Defendant made a concrete statement on the background and spirit of drinking after drinking the alcohol; and (c) in fact, the CCTV images of the restaurant where drinking alcohol was done with the Defendant can be confirmed by checking the body of the victim or the body of the victim, the Defendant was seated, and the Defendant was faced with the body of the victim; and (d) there was a trace of the victim’s talking in the elbbbb, and the Defendant stated in the police that the ur employee stated that the Defendant was “no humbing” at the time of the instant crime. In light of the following: (a) at the time of the instant crime, the victim was in a state of inability to resist by drinking alcohol; and (b) the Defendant was sufficiently aware of such circumstances.

Furthermore, during the first time of the Defendant’s movement of the victim into the telecom, the Defendant did not seek the victim’s consent, and the Defendant stated that he sawd the victim’s consent, etc. located within the area of the telecom, and the victim in such a state was first exposed to the Defendant, who entered the telecom.

The statement of the defendant that the defendant had sexual intercourse and sexual intercourse upon the victim's solicitation is difficult to understand. The circumstances that the victim demanded money and valuables from the defendant on account of the victim's reporting of damage are not found. There is no reason to assert that the victim was sexual intercourse with the defendant even though the victim was sexual intercourse with the defendant. Thus, the victim's statement that the defendant had sexual intercourse with the victim who was sexual intercourse with the victim who was unable to resist is credibility.

Nevertheless, the court below rejected the probative value of the victim’s statement and admitted evidence of the facts charged in this case.