The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The victim consistently stated that the date and time when the victim suffered the sex offense of this case from the defendant was September 22, 2018, and that the victim expressed his intention of refusal on several occasions at the time of sexual intercourse with the defendant on September 25, 2018, but followed the victim's sexual intercourse by disregarding the victim's intention and committing sexual intercourse, and that it is not proper for the defendant to repeat the charges of this case because the victim's statement was credibility in the victim's statement, but the court below acquitted the defendant of this case. Thus, the court below erred in the misunderstanding of facts.

Judgment

A. A. Around August 2018, the summary of the facts charged in the instant case was as follows: (a) the Defendant heard that the victim B (the name, the 24-year-old age-) made a call related to the case on which he/she was accused of defamation with his/her cell phone; and (b) he/she came to know with the victim, stating that he/she is a member of the NIS who is a member of the NIS and is well aware of the fact that he/she was aware of the crime of defamation; and (c) later, the Defendant made a written statement by taking advantage of his/her own seat.

On September 22, 2018, the Defendant written a written statement with the victim’s house in the building C, and the Defendant’s house in the name of the Defendant, and laid out a written statement with the victim and submitted it to an investigation agency, and tried to rape the victim; opened the victim who was seated on the floor, laid the victim inside the bed, laid the victim on the bed, prevented the victim from getting out of the bed, and put the victim into the bed, and put the victim’s body into the victim’s sexual organ on one hand, and put the victim’s sexual organ into the victim’s sexual organ.

2.3.