The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) is consistent and specific, and the statements made by the victim B on the main damaged facts are reliable, while the defendant's statements are contrary and contradictory to his common sense, the court below rejected the credibility of the statements made by B on the grounds that the credibility of the statements made before and after the crime falls short of the credibility of the statements made by the defendant in the statement made by B, and acquitted the defendant of the facts charged in this case.

2. Determination

A. The lower court found the Defendant not guilty of the instant charges on the ground that, comprehensively taking account of the facts and circumstances revealed by the evidence duly admitted and examined, it is insufficient to acknowledge that the Defendant committed rape against B by entering a room against B’s will, and even if all evidence submitted by the prosecutor were collected, it is insufficient to view that the instant charges were proven to the extent that there is no reasonable doubt.

B. Considering the difference between the first instance court and the appellate court’s method of evaluation of credibility in light of the spirit of substantial direct cross-examination adopted by the Criminal Procedure Act, if there are special circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is remarkably unfair in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted until the time of closing argument in the appellate court, the appellate court should not reverse the first instance judgment on the ground that the first instance court’s determination on the credibility of a statement made by a witness of

In particular,