The prosecutor's appeal is dismissed.

1. The criminal act of this case committed for the first time by the Defendant, which had been committed by the Defendant, was physically superior to D as the operator of the combined seal, while D was physically open at the time of physical opening. However, D was specifically stated about the instant criminal act, and D was seeking a career as an instructor of the combined seal even after he retired from the school.

D) Considering the fact that it was difficult for the Defendant to easily file a complaint against the Gohap approved Defendant, it can be recognized that the Defendant had sexual intercourse with D by force as stated in the instant facts charged.

Nevertheless, the court below rendered a not guilty verdict on the facts charged of this case, which erred by misunderstanding the facts and affected the conclusion of the judgment.

2. The burden of proof for the criminal facts charged in a criminal trial on the board is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value that leads a judge to feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). If the defendant strongly denies the whole charged facts and directly denies the victim’s statement that is consistent with the facts charged on the record, and if all of the remaining evidence are merely a specialized evidence based on the victim’s statement, in order to find the defendant guilty of the facts charged only on the basis of the victim’s statement, the victim’s statement is required to have high probative value and accuracy, and whether there is such probative value is sufficient evidence.