The prosecutor's appeal is dismissed.

1. In full view of the credibility of the victim’s statement in the summary of the grounds for appeal, the circumstances at the time, and the details of the defendant’s vindication, the first instance court acquitted the victim of the facts charged in this case even though the defendant attempted to rape as stated in the facts charged and the facts of the attempted rape are recognized. In so determining, the first instance

2. The summary of the facts charged is as follows: at around 02:00 on November 17, 201, the Defendant tried to have sexual intercourse with “F” on the third floor underground of the hotel E hotel building located in Seongbuk-gu, Sungwon-si, Sungwon-si, where he works for his employee, and G (n.e., 25 years of age) who is an employee of the same employee after running his business and finding out that he was drunk while he was under the influence of alcohol while he was working in the waiting room, he was able to rape the victim, and he was off the victim’s clothes to “Iskn, Isn., Is., Is.,” and “Is., Is., Is., Is.,” and tried to have sexual intercourse with “Is., Is., Is., Is.,” and “Is., Is., Is., Is., Is.,” to this situation.

3. Determination

A. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence of probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to the prosecutor’s above conviction, the determination should be made in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). B.

The first instance.