The prosecutor's appeal is dismissed.

1. The gist of the prosecutor’s appeal (the fact-finding) is that the defendant made a consistent statement on the core part where the victim threatened the victim, and forced inserting sexual organ, and that the defendant had a natural relation with the victim who did not respond to the demand for the release of the newly installed Messenger.

However, the defendant's statement that the defendant discovered a key mark among the Doless Island and completed a sexual relationship is inconsistent with the empirical rule, the defendant's statement that it does not conform to the defendant's statement that the defendant sent to the victim a message that he is subject to apology, the victim did not report because the defendant had his cell phone, and the victim did not report because he was in his cell phone, and the victim's statement that he left away from and reported to the toilet at the rest area, and the victim's demand for the amount of agreement against the defendant is the right of the victim, so it is difficult to deny the credibility of the victim's statement that corresponds to the facts charged in this case, even if the credibility of the victim's statement that corresponds to the facts charged in this case is sufficiently recognized, the judgment of the court below that acquitted the defendant without recognizing the credibility of the statement

2. Determination

A. The summary of the facts charged is that between September 8, 2018, 01:00 and 05:00, the Defendant: (a) in the hotel hotel C room in Jung-gu Incheon Metropolitan City, Jung-gu; (b) completed the trip of Japan prior to the city and did not return to the Republic of Korea late at night; (c) transferred the victim D (the age of 24) who was female-friendly job offers (the age of 24) to the above guest room; and (d) demanded the victim to remove the mobile Messenger while pursuing the sexual relationship between the victim and the victim; (b) however, the victim did not release the money from his/her cell phone and did not show it to the Defendant.