The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error) stated in detail about the fear of sexual intercourse at the time of the police investigation immediately after the instant case, the reason why the victim did not resist, etc., and the statement about the part partially memory under the influence of alcohol corresponds to CCTV images.

In addition, according to CCTV images, the victim seems to be unable to walk properly before the Ndong while coming from the drinking house, and the victim was unable to take the body alone by drinking at the time of entering the Moel.

Nevertheless, the court below erred in misunderstanding of facts on the ground that the evidence submitted by the prosecutor alone, based on the fact that the victim did not take the attitude of victim, etc., found the facts charged in this case not proven without reasonable doubt.

2. Determination

A. Although the appellate court did not have a new objective reason to affect the formation of a documentary evidence in its trial process, it was clearly erroneous in the first instance court’s determination as evidence when it is intended to re-examine the first instance court’s determination ex post facto and ex post facto.

There should be reasonable circumstances to deem that the argument leading to the fact-finding is considerably unfair because it is against logical and empirical rules.

(see, e.g., Supreme Court Decision 2016Do18031, Mar. 22, 2017). Examining the record in light of the records, the evidence submitted by the prosecutor based on the reasons indicated in Articles 2 through 7 of the lower judgment was in a state where the victim was in a state of mental or physical disability or

The decision of the court below is just, unless it is reasonably proven that the defendant has sexual intercourse with the victim, recognizing the victim's status and using it, and it is hard to view that it has been proved without reasonable doubt.

B. Nevertheless, in the trial, the prosecutor’s statement is relatively consistent and concrete.