The prosecutor's appeal is dismissed.

1. Determination on the prosecutor's assertion of mistake of facts

A. Although the alleged defendant had sexual intercourse with the victim by force on several occasions, the lower court acquitted the Defendant of the facts charged by mistake of the fact.

B. In a case where there are no new objective grounds that could affect the formation of evidence in the appellate court’s trial process, and there are no reasonable grounds to deem that the first instance judgment was clearly erroneous, or that the argument leading to the acknowledgement of fact is considerably unfair due to the violation of logical and empirical rules, etc., the judgment on the acknowledgement of facts in the first instance judgment shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The lower court is “3.”

B. The evidence submitted by the prosecutor solely based on the detailed circumstances revealed in the item “whether the Defendant has sexual intercourse with the victimized person by force,” where the Defendant exercised a power to suppress the victim’s free will at the time of sexual intercourse with the victimized person.

It is difficult to conclude it.

In light of the facts charged, the charges were acquitted.

In this part of the judgment of the court below, there is no reasonable reason to deem that the judgment of the court below was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules.

In addition, there is no new objective reason to affect the formation of evidence in the trial process of one court.

The judgment of the court below is just and there are errors in the misapprehension of facts alleged by prosecutor.

subsection (b) of this section.

The prosecutor's assertion is not accepted.

2. The appeal by the conclusion prosecutor is dismissed for reasons.