The prosecutor's appeal is dismissed.

1. According to the summary of the grounds of appeal (misunderstanding of facts) the victim's consistent statement on the situation before and after the crime of this case, although the court below arbitrarily rejected the statements of the victim with credibility and acquitted the defendant of the charges of this case, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court determined that the victim was in a state of mental and physical loss or resistance to the Defendant at the time of sexual intercourse with the Defendant solely based on the evidence submitted by the Prosecutor.

It is not sufficient to recognize the recognition.

In light of the facts charged, the lower court acquitted the instant charges.

The victim, from the investigative agency to the court of the court of the court below, was in a state where the victim was off his body when the defendant was in a sexual intercourse with his body when he had been in a locked mind, and he was in a state where he was in a state of getting off his string and getting out of his body when he was in a new mind.

“Although the victim made a statement to the effect that he/she could not memory the situation at the time of his/her sex relationship, he/she was in a mental and physical loss or resistance without delay.

It shall not be readily concluded.

D According to CCTV images, the victim, along with the defendant around February 1, 2016, shall take out identification cards from his own bank to the employees of the Kabter on the ground of D, with the defendant around February 1, 2016.

As shown, there is no breath appearance that seems to be drunk.

Since then, the defendant and the victim drink the alcohol from around 04:25 on the same day, and talks with the victim by drinking alcohol. The defendant walked the victim first, took the cot and moved to the Kabter after entering the Kabter. While the defendant calculates the defendant, the victim is able to know about the distance or the string of the victim.