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The prosecutor's appeal is dismissed.
Reasons
Comprehensively taking account of the evidence presented by the court below in the summary of the grounds for appeal, the crime of attempted rape of this case can be fully recognized.
Even if the defendant was aware that the victim was aware that he had agreed on the sexual intercourse and was off the clothes of the victim, it can be sufficiently recognized that the defendant committed assault, such as taking the body of the victim, etc. as the victim's body was rejected and refused. As such, the crime of attempted rape is established.
Nevertheless, the court below acquitted the Defendant of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of judgment
Judgment
The lower court found the Defendant not guilty of the facts charged in this case on the ground that the evidence submitted by the prosecutor alone was insufficient to acknowledge that the Defendant intended to rape by assault or intimidation, and that there was no other evidence to acknowledge this otherwise.
The collective opinion presented to the trial court on the recognition of facts by a juror composed of citizens cultivated through strict selection procedures in the criminal trial procedure conducted in the form of a participatory trial to enhance the democratic legitimacy and trust of the trial court's decision is effective as a recommendation to help the judge of the fact-finding court who has a full power over the preparation of evidences and fact-finding under the principle of substantial direct trial and the principle of court-oriented trial. If the jury participated in the whole process of fact-finding, such as examination of witness witness, and the verdict of innocence issued by unanimous opinion as to the admission of evidence, such as the credibility of a witness's statement, and fact-finding, is adopted as it is, the first instance court's decision on the admission of evidence and fact-finding conducted through such procedure.