The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

(a) The part of the facts charged that the defendant misunderstanding the fact that he attempted to catch the victim's sleep and go off from the victim's sleep and above in the intent of rape, is that the victim tried to be off the sleep with the lower part of the original sleep at that time, and the victim tried to be off the sleep with the intent of rape from the investigative agency to the court of the original trial, consistently from the investigative agency to the court of the original trial

the statement shall be clearly proved by the statement.

Therefore, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (five million won in penalty) is too unhued and unfair.

2. Determination

A. Examining the lower judgment’s assertion of misunderstanding of facts in light of the records, the part of the charges submitted by the prosecutor that the Defendant intended to engage in rape at the time when the victim’s scams, etc. were destroyed sufficiently to the extent that the judge could not have any reasonable doubt with the evidence submitted by the prosecutor alone.

It is insufficient to view it.

Therefore, the judgment of the court below to the same purport is legitimate, and this part of the prosecutor's assertion is without merit.

B. As to the unfair argument of sentencing, there is no change in the sentencing conditions compared with the original judgment, and in full view of all the reasons for the sentencing revealed in the proceedings of the present case, the lower court’s sentence is too unfasible, and it does not seem to have exceeded the reasonable scope of discretion.

Therefore, the prosecutor's assertion on this part is without merit.

3. The appeal by the prosecutor of conclusion is dismissed for lack of reason.