The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although credibility of a victim’s statement on the grounds of misunderstanding of facts (in relation to rape), such as that the victim’s statement is consistent and consistent with objective circumstances, the lower court found the Defendant not guilty of this part of the facts charged on the ground that the lower court erred by misapprehending the facts, such as rejecting the credibility of the victim’s statement.

B. The lower court’s sentencing is too unjustifiable and unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, the lower court determined that this part of the facts charged was not guilty on the grounds that the Defendant was not proven to have rape for the following reasons. However, the direct evidence corresponding to this part of the facts charged was presented by the victim. However, it is difficult to understand the circumstances where the victim first filed a complaint for attempted rape, but the victim’s statement on the point where the Defendant attempted to have sexual intercourse and the background leading up to sexual intercourse in the Defendant’s residence is inconsistent. In light of the above, it is difficult to readily conclude that the Defendant and the victim had sexual intercourse on the day of the instant case. (2) Even if such sexual relationship existed, it is difficult to conclude that the victim’s statement was reversed without any special reason as to the circumstances leading up to the crime of rape, unlike the Defendant’s other crimes, and the circumstances leading up to the investigation by the prosecutor and the court below as to the crime of rape in this part of the prosecution and the court below’s judgment on the grounds that it is difficult to believe the content of the crime of rape in this case.