The prosecutor's appeal is dismissed.

1. Even though the prosecutor's evidence submitted by the summary of the grounds for appeal can sufficiently recognize the facts charged, the court below found the defendant not guilty. In so doing, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The lower court, based on the evidence adopted by the prosecutor, acknowledged facts as indicated in its reasoning, and found that the victim and D’s testimony and photographs (the contents of text messages sent and taken by the victim and D) were presented to the lower court and the investigative agency as the primary evidence consistent with the facts charged. However, each of the victim and D’s statements was reversed as to whether the victim were forced to leave a taxi, and the victim’s statement and the victim’s behavior are inconsistent with D’s behavior. In so doing, credibility is insufficient. The remainder of the evidence submitted by the prosecutor alone proves that the Defendant attempted to rape against the victim’s will by assault or intimidation without reasonable doubt.

It is difficult to see, and determined that there is no other evidence to prove otherwise.

In full view of the evidence duly adopted and examined by the court below and the court below, the judgment of the court below is just and acceptable, and there is an error by mistake of fact and thereby affecting the conclusion of the judgment.

subsection (b) of this section.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.