The prosecutor's appeal is dismissed.

Of the judgment of the court below, 40 hours of sexual assault treatment program for the defendant.

1. Summary of grounds for appeal;

A. Although the credibility of the victim's statement concerning rape among the facts charged in the instant case is sufficiently recognized, the relevant witness's statement is reinforced to the credibility of the victim's statement, the court below rejected the victim's statement and acquitted the victim of this part of the facts charged. Thus, the court below erred in the misapprehension of facts as to the acquittal part of the judgment of the court below, which affected the conclusion of the judgment.

B. The lower court’s punishment (two years and six months of imprisonment, and three years of suspended execution) against the Defendant on the grounds of the relationship that affected the sentencing of the aforementioned erroneous determination of the facts as above is unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the court below found the defendant not guilty of rape in addition to the following circumstances, i.e., ① the victim made a statement that he was rape at the police or the prosecutor's office on Sep. 2, 2012 and the first police officer on Nov. 1, 2012, while having been raped with the defendant, considering the fact that the victim seems to have a considerable friendship with the defendant, the victim's statement is difficult to believe as it is, and other evidence submitted by the prosecutor alone is insufficient to acknowledge this part of the charges, and there is no other evidence to acknowledge it. 2) The court below found the defendant not guilty of rape in light of the following circumstances, namely, ① the victim made a statement that he was rape at the police station on Feb. 9, 2012 and the first police officer on Nov. 20, 2012, and also reversed it by the prosecutor's office, and ② the victim's statement on Feb. 1, 2012>