The prosecutor's appeal is dismissed.

1. Summary of the Reasons for Appeal - since the statement related to the damaged part of the victim of misunderstanding of facts may be reliable, the defendant recognized the fact of rape with a deadly weapon as stated in the facts charged of this case, but the defendant did not recognize the fact that the victim had threatened the victim with a deadly weapon at the time of this case and submitted a written withdrawal of the complaint to the court of the original instance, which dismissed the prosecution of this case on the ground that the defendant submitted the written withdrawal

2. Determination

A. On February 12, 2013, from around 15:10 to around 18:40, the Defendant, at the Defendant’s house located on the third floor of Seocheon-gu D, Seocheon-gu, Seocheon-gu, the Defendant: (a) had sexual intercourses with the victim E (hereinafter, 20 years of age) who met at a singing club on the same day; (b) placed the victim on a small bed; (c) put the victim from the cleaning, on the part of the small bed; and (d) threatened the victim, “I am off if I would be imprisoned”; (d) assaulted the victim’s face at the time of drinking three times; and (e) prevented him from resisting the victim’s suffering; and (e) had sexual intercourse by inserting his sexual organ into one time after inserting it.

이후 피고인은 피해자에게 "내 죽은 동생이랑 너랑 꽁씹 했다. 내 동생이 죽었으니 너도 죽어야 한다."라고 말하여 피해자를 협박하면서 이에 겁을 먹은 피해자의 음부에 손가락을 집어넣고, 성기를 삽입하여 1회 간음하였다.

The Defendant continued to have sexual intercourse once by inserting a knife a knife knife knife that knife a knife that knife knife and flife that knife the face of the victim who flife the knife and flife the knife."

Accordingly, the defendant had sexual intercourse with the victim with a deadly weapon.

B. In light of the following circumstances, the lower court’s determination is difficult to accept the victim’s statement that the victim was threatened with knife from the Defendant at the time of the instant case.