The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of facts-finding, the defendant can be found to have abused the victim with the intent to rape.

Nevertheless, the judgment of the court below which acquitted the charge of rape injury (hereinafter referred to as "this part of the charge") is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence (7 million won of a fine) imposed by the court below on the defendant is too uneasible and unfair.

2. Determination

A. As to the mistake of facts, the lower court found the Defendant not guilty of this part of the facts charged on the ground that, in light of the circumstances acknowledged by the record, it is difficult to view that the evidence submitted by the prosecutor alone was insufficient to prove that the Defendant, who refused physical contact from the victim and assaulted the victim as a criminal intent to rape, was more likely to have committed rape.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor cannot be deemed as proved beyond a reasonable doubt.

The judgment of the court below that acquitted this part of the facts charged shall not be deemed to have erred by mistake of facts as alleged by the prosecutor.

This part of the prosecutor's argument is without merit.

B. As to the issue of unfair sentencing, the Defendant, along with the victim, abused the victim without fault solely on the ground that the victim, who was familiar with the victim, refused physical contact and obstructed the Defendant’s scam.

The victim suffered a considerable physical or mental suffering due to the crime of this case, but no particular measure was taken to recover damage.

However, the defendant is suspended from indictment once for the crime of injury.