The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (1) The court below rejected the credibility of the victim's statement on the ground that the victim's statement differs in the specific circumstances despite the consistent and reliable statements made by the victim, and found the defendant not guilty of the facts charged of this case.

② In addition, even if the court below acquitted the charged facts of this case, it is unlawful to recognize ex officio the criminal facts of the injury included in the above charged facts.

2. On July 12, 2013, the Defendant: (a) 23:30 on July 12, 2013, 2013, she met the victim E (at the age of 42) at the DN club and took the alcohol, and (b) stated that he/she would put the victim into his/her house at around 04:00 following day.

On July 13, 2013, at around 04:50, the Defendant: (a) laid off the victim in the vicinity of the national highways located in the G, Haju-si, with his mind to rape the victim; (b) laid off the victim, forced him to do so; and (c) tried to rape the victim.

However, when the victim speaks that he would get off the above vehicle and report it to the police, the defendant told the victim that "I will not see any CCTV, die, and throw away the victim's cell phone, and 10 times the inside part of the victim's inner part, etc. is 10 times the victim's inner part, and assault the victim by spreading it.

After that, the defendant was trying to flee by driving a vehicle without having been able to commit rape, such as having the victim get a criminal defendant's seat, but the defendant got 10 meters away from the door of the vehicle when the victim gets a vehicle door and prevented the defendant from attempting to flee.

As a result, the defendant is in need of a 14-day medical treatment for the victim.