The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, such as the victim's statement at the investigative agency and E's statement in the court below, the court below found the defendant not guilty of rape as stated in the facts charged in this case. Thus, the court below erred in the misunderstanding of facts.

2. Determination

A. The victim’s statement is practically the only direct evidence consistent with the facts charged in the instant case. The victim made a statement that corresponds to the facts charged in the instant case to the investigation agency, but the court below made a statement to the effect that he would be opposed to the statement of the investigation agency.

B. The court below held that there is doubt as to whether the victim did not reverse his false statement in the court of the court below to be exempted from punishment after the agreement with the defendant even though the victim was actually committed the act identical to the facts charged in this case. However, the victim's statement in the court of the court below was naturally sexual intercourse between the victim and his cell phone after the date and time of the prosecution, namely, the victim's statement in the court of the court below. The victim's statement in the court of the court below was that the victim's cell phone was naturally sexual intercourse with the victim, where he saw the victim's cell phone after he fights with the victim's body, as stated in the facts charged,. The defendant saw the victim's own hand, as in the facts charged, or saw the victim's knick kn's kn's kn't k's k's k's k's k's k's k's k's k's k's k's k's k'.