The prosecutor's appeal is dismissed.

The court below found not guilty of the attempted quasi-rape and the violation of the Act on the Control of Narcotics, Etc. (fence).

On the other hand, the prosecutor appealed only about the attempted quasi-rape.

Therefore, since the judgment of the court below, which did not appeal by the prosecutor, is separated and confirmed from the violation of the Act on the Control of Narcotics, Etc. (the meaning of the judgment below), the scope of inquiry is limited

Summary of Grounds for Appeal

While the victim’s statement is highly reliable, despite the difficulty in reliance on the Defendant’s statement denying the crime of attempted quasi-rape, the lower court erred by misapprehending the facts constituting the crime of attempted quasi-rape.

Judgment

In full view of the circumstances acknowledged by the evidence duly adopted and investigated under the title of "1. 1. Determination", the lower court determined that the victim's statement was difficult to believe at the time of the Defendant's attempt to engage in the sexual intercourse, which is a key issue in this part of the facts charged, and that the remainder of the evidence submitted by the prosecutor alone cannot be deemed as having proved that there was no reasonable doubt as to this part of the facts charged. The lower court acquitted the Defendant of this part of the facts charged pursuant to the latter part of Article 325 of the Criminal Procedure Act.

In light of the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

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