The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is unreasonable and the lower court found the Defendant not guilty on the grounds that D had sexual intercourse with D under the influence of alcohol, taking advantage of that D’s mental and physical loss or non-performance of resistance, as stated in the facts charged, and that D’s statement corresponding thereto was credibility.

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on evidence with probative value sufficient to have a judge conviction that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest as well (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). Where the defendant strongly denies the whole facts charged and directly denies the whole facts charged, and the victim's statement is true as direct evidence consistent with the facts charged in the record, and the remaining evidence is only a specialized evidence based on the victim's statement, in order to find the defendant guilty of the facts charged, the victim's statement is required to have high probative value to the extent that there is little doubt about the truth and accuracy of the statement, and when determining whether the injured party has such probative value, the reasonableness, consistency, and objective reasonableness of the victim's personality factors should be comprehensively considered.

Therefore, there is evidence of the facts charged as to the lack of credibility in part of the facts alleged by the victim.

Furthermore, if it is determined that the victim's statement cannot be seen, and the possibility that the victim's statement is false beyond the mere lack of credibility is not ruled out, only the statement on the remaining facts of damage shall be correct.