The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) reveals that the statements made by the victim on the main part of the facts charged of the instant case are consistent and credibility in the statements, and the victim was in an incomprehionable condition by drinking at the time of the instant case, and the defendant was aware of the victim’s resistance impossibility and intended to have sexual intercourse with the victim by using it. In full view of the above, the court below acquitted the defendant even if the defendant was found to have attempted to have sexual intercourse with the victim by using the victim’s non-subsible condition as stated in the facts charged of the instant case.

2. In light of the facts and circumstances as indicated in its reasoning, the lower court: (a) based on the evidence submitted by the prosecutor alone, found that the victim was physically and psychologically unable to resist due to drinking alcohol at the time of the instant case; and (b) was sufficiently proven to the extent that there is no reasonable doubt that the Defendant, while recognizing the victim’s status, attempted to engage in sexual intercourse by using the victim.

The defendant was acquitted on the ground that it is difficult to view it and there is no other evidence to acknowledge it.

Examining the evidence duly adopted and examined by the court below in accordance with logical and empirical rules, it was not proven to the extent that there is no reasonable doubt that the victim had been in an influence of alcohol at the time of the instant case, and that the Defendant attempted to have sexual intercourse with the victim by recognizing the victim’s resistance impossibility status.

The judgment of the court below is just, and there is no illegality of mistake of facts as alleged by the prosecutor.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.