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The prosecutor's appeal is dismissed.
Reasons
1. Although the injured party consistently states the specific and consistent situation at the time when he met the Defendant, the judgment of the court below which acquitted the Defendant of the facts charged is erroneous in the misapprehension of facts.
2. Determination
A. The court below acknowledged that there was a strong doubt that the defendant did not have sexual intercourse with the victim by taking advantage of the victim's state of difficulty to resist under the influence of alcohol at the time and place indicated in the facts charged. However, it is difficult to readily conclude that the defendant met the victim at the time and place indicated in the facts charged, based on the reasons stated in its reasoning, and determined that it is difficult to eliminate the possibility that the victim was raped by the defendant to conceal his/her misconduct, and subsequently, rendered a judgment not guilty of the defendant on the ground that it is difficult to grant credibility sufficient proof to the victim's statement to the extent that there is no reasonable doubt. Examining this judgment of the court below closely compared with the evidential materials, the judgment is justified.
B. In addition to the above judgment, we examine the victim's statement that the court below pointed out to lack consistency.
1) On February 21, 201, which was about two months after the instant case, the victim made a statement as a witness on February 21, 201 as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact of having been raped, etc.) against G, and the part related to the instant case was able to keep the male influorous on the name of the man (hereinafter referred to as the “person influorous name”).
The deceased stated that “Isn't have to go home during the period of coming home.”
A cleaning agent and rape was committed by the deceased.
After the winners of their names and calls, they called “any person,” and called “out,” out of the country, beer, World Cup, chip, overfin, and bet.