The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the fact that the victim’s statement that conforms to the facts charged in mistake of facts or misapprehension of legal principles is very specific and consistent, there is no motive to make a false statement to the victim, and the victim was diagnosed “Dyoma HPV” as the same sexual disease as the Defendant since the instant case, the fact that the Defendant raped the victim and sustained injury during that process can be acknowledged as stated in the facts charged.

B. Even if rape is not recognized in recognition of the reduced fact, the fact that the Defendant inserted the fingers into the victim’s sound records is recognized, and thus, the Defendant may be found guilty of the crime of indecent act by compulsion, which is the reduced fact.

2. The grounds for appeal and the judgment on the ancillary charges added in the trial

A. We agree with the judgment of the court below as to the prosecutor's grounds of appeal, in addition to the circumstances duly examined and recognized by the court below, that the court below acquitted the defendant.

(1) Additional determination on the credibility of the victim’s statement is difficult to believe the following: (a) the circumstances at the time of rape, the core of the instant crime; (b) the background of the victim’s bodily injury on the part of the victim; and (c) the circumstance of the Defendant’s stop rape.

(A) With respect to the circumstances leading up to the rhetorical intercourse, the victim stated in the prosecutor's office and the original court court's decision that "in the situation where the proposal was immediately made, the defendant had the rhetor go to the rhetor, and then inserted his sexual organ in the text of the paragraph. I clearly judge that the proposal was inserted in snow."

(No. 299 of the Investigation Records, No. 217 of the Trial Records). However, in the above-mentioned attitude claimed by the victim, it is doubtful whether the defendant can directly witness the process of inserting his sexual organ into the victim's resistance.

(B) As to the circumstances in which the victim suffered injury on the part of the table, the victim shall sit at the prosecution for the purpose of "to sit."