The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In full view of the statements and the evidence submitted by the prosecutor concerning the credibility of the victim's statements about the situation before and after the crime of the defendant case (misunderstanding of facts and legal principles), the court below acquitted the defendant and the requester for an attachment order, and the requester for an order to observe the protective order (hereinafter referred to as the "defendant") of the facts charged in this case, although it can be sufficiently recognized that the defendant and the requester for an order to observe the protective order had sexual intercourse with the victim, who was under an influence of alcohol, but was not guilty of the facts

B. Since the Defendant’s request for an attachment order and a protective observation order is likely to repeat a sexual crime, it is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order and a protective observation order.

2. Determination on the defendant's case

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court found that the evidence submitted by the prosecutor alone was insufficient to recognize that the victim was in a state of mental or physical loss or resistance impossibility at the time of sexual intercourse with the Defendant, and that the Defendant had sexual intercourse with the victim by using the same was proven to the extent that there is no reasonable doubt, and that there is no other evidence to acknowledge otherwise, acquitted the Defendant of the instant facts charged.

The defendant and the victim met about 19:10 on the day of the case, they drink in the drinking house until 21:23, and entered the singing room around 21:25, and thereafter, around 22:30, the time from the singing room based on the time of the card approval indicated in the card use record submitted by the defendant as evidence at the court of the court of the court below.

After sing out from singing, 22:52 arrives in front of the victim's house.

The defendant used a mobile phone to drink with the victim, and recorded the situation and conversation for about 1 hour and 23 minutes in singing at singing.