The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court determined that the Defendant was not guilty on the ground that there was insufficient proof of the remainder of the injury (not guilty in the grounds) and rape, excluding a part of the injury, as it was impossible to believe the victim’s statement.

However, in light of the statements, records of the victim’s mother’s statement, damaged photographs, and written diagnosis of injury, the victim’s statement is highly reliable. According to the victim’s statement, the facts charged that the court below acquitted the Defendant can be fully convicted.

Therefore, the court below erred by misapprehending the legal principles.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too uneased and unreasonable.

2. Determination

A. In regard to the assertion of mistake of facts, the lower court, based on the evidence duly adopted and examined by the lower court, submitted photographs to the investigation agency by asserting that the victim suffered violence from the Defendant, in particular, (i) the victim was physically injured by the Defendant; and (ii) the victim was also included in the photographs from the victim’s face; (iii) the victim has repeatedly asserted that the victim was faced with the victim’s face due to assault; and (iv) the victim re-appellanted his statement that he was stamped at a different place on June 2014 when the victim was placed in the prosecution; (ii) the Defendant and the victim were divingd and the victim sought the mother of the victim and the victim; (iii) the victim was unable to obtain the victim’s mother as well as the victim’s mother, and (iii) the victim did not communicate the Defendant with the lender and the victim on November 2014 when the victim had been raped.