The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal: The defendant, with the intention of having the victim engage in sexual intercourse against the victim's will from the beginning, allowed the victim to drink with alcohol on the victim's game in the victim's behavior and drinking place. The victim, without the victim's consent, went into the contact with the victim without the victim's consent, and "the victim's "the victim's "" exceeded the victim's panty, and made a sexual intercourse with the victim's panty, without going through several external invasions.

Therefore, the victim's statement that there was violence or intimidation to the extent that the victim's resistance could be significantly difficult is reliable, and the defendant had the intent to rape.

Although the court below found the defendant not guilty on the grounds of insufficient proof of facts charged, there is an error of law by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.

2. According to the evidence duly adopted and examined by the lower court, all of the facts and circumstances acknowledged in the part on “2. Judgment” in the reasoning of the lower judgment are fully acceptable.

In light of these facts, the evidence presented by the prosecutor alone is that the defendant had the victim undergo alcohol from the beginning with the intention of having sexual intercourse against the victim's will, from the beginning, by taking advantage of the game in the victim's behavior and the drinking place, or the victim had the victim collected the victimized person without the victim's consent.

It is insufficient to recognize it.

B. Although a victim made a statement to the victim that he/she was forced to leave the victim's panty by force, the victim's statement is not consistent with the objective situation in which the victim's panty and panty were discharged from the panty simultaneously.

In light of this, the victim's statement has probative value so that there is no reasonable doubt for a judge to believe that the facts charged are true.