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The prosecutor's appeal is dismissed.
Reasons
1. In light of the fact that a person who suffered damage from the summary of the grounds for appeal made a consistent statement about the essential part of the fact of damage, the victim's statement may be reliable, but the court below did not believe it and rendered a not guilty verdict of the facts charged in this case. The judgment of the court below is erroneous in matters of law
2. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient to make a judge not to have any reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be judged in the interest of the defendant (see, e.g., Supreme Court Decision 2002Do5662, Dec. 24, 2002). (b) Specific decision-making by the court below is difficult to believe that the victim's statement that can be deemed the only direct evidence consistent with the facts charged in the instant case is questionable as it is, due to its credibility, it is difficult to believe that the victim's statement that can be deemed the only direct evidence consistent with the facts charged in the instant case, and the evidence submitted by the public prosecutor alone was in a situation where it is absolutely impossible or substantially difficult to make a psychological or physical resistance due to the victim under the influence of the victim at the time of sexual relation, and it is beyond reasonable doubt that the defendant
On the ground that it is difficult to see it, the lower court acquitted the instant charges.
Examining the above judgment of the court below in light of the legal principles as seen earlier, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the prosecutor.
subsection (b) of this section.
Therefore, the prosecutor's above assertion cannot be accepted.
3. Conclusion.