The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is consistent with the important part of the victim's statement, as well as sufficient parts of the body, and the objective circumstances cited by the court below also do not seem to be clearly inconsistent with the victim's statement, and thus, the credibility of the victim's statement can be sufficiently acknowledged in light of the victim's age

Nevertheless, since the court below rejected the credibility of the victim's statement without delay and acquitted the defendant, it is erroneous in the misunderstanding of facts that affected the conclusion of the judgment.

2. Determination:

A. The summary of the facts charged is that the Defendant, on the Internet, came to know of the victim D (the age of 13) that included an article that reads “the head of a household and a locking place”, and on April 14, 2012, he/she reconvened the victim at his/her house located in Gangseo-gu Seoul Metropolitan Government.

After that, on April 23, 2012, the Defendant had had had the victim had the victim had had sexual intercourse again with his/her home on April 23, 2012.

Around 02:00 on April 24, 2012, the Defendant: (a) reported that the victim was able to enjoy in her own house by suffering his anti-fash and pitrts; (b) exceeded the victim’s half-fash and clothes; (c) prevented the victim from staying in her arms and legs going on the part of the vessel; and (d) threatened the victim from leaving in her arms and legs going on the part of the vessel; and (e) led the victim to rape once.

B. The lower court determined that the Defendant consistently denied the facts charged of this case from the police to the court of the lower court, and thus, the victim’s statement in the investigative agency and the court of the lower court is the only evidence supporting the facts charged of this case. The victim’s statement in the investigative agency and the court of the lower court is not consistent with the victim’s statement concerning the situation at the time of rape, and it is difficult to accept it as it is, and the other evidence submitted by the prosecutor alone is so strict that the facts charged of this case is beyond reasonable doubt.