The prosecutor's appeal is dismissed.

1. In full view of the summary of the grounds of appeal No. B’s legal statement, the court below rejected the credibility of the victim’s statement, and rendered a judgment of not guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts.

2. The lower court, based on its stated reasoning, acquitted the Defendant pursuant to the latter part of Article 325 of the Criminal Procedure Act, on the ground that the possibility that the victim B’s statement was exaggerated, and no other evidence exists to prove the facts charged in the instant case.

In addition to the circumstances stated by the court below, according to the records of this case, C, the husband of the victim, who was dispatched to the police upon receiving the report of this case, cannot use the victim’s indecent act against the victim’s sexual intercourse from the victim’s sexual intercourse. The court below affirmed the judgment of the court below which acquitted the victim of this case on the following grounds: (a) according to the victim’s and C’s respective legal statements, the victim did not exchange such telephone or text messages; (b) the victim did not take any measures to avoid or aid the situation when the defendant’s indecent act was interrupted; and (c) the victim provided C only a text message to the purport that he sent the Defendant’s attitude at the time of the suspension of the Defendant’s indecent act; (d) the victim’s attitude to take charge of such indecent act, and (e) it is difficult to obtain the victim’s attitude to “I k k,” and use the Defendant’s words “I k k’s attitude.”

Therefore, prosecutor's assertion is without merit.

3. As such, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that the appeal is groundless.