The prosecutor's appeal is dismissed.

1. Each police’s statement protocol against E of the gist of the grounds for appeal is admissible as evidence under Article 314 of the Criminal Procedure Act, and D’s statement is consistent and reliable, so the court below found the facts charged of this case sufficiently. However, the court below acquitted the Defendant of the facts charged of this case. The court below erred by misunderstanding the facts and misunderstanding of legal principles.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant is a foreigner of the Republic of Korea’s nationality of business, and D (V, 36) is a permanent resident of the Republic of Korea of Russia.

On August 26, 2015, at around 00:00, the Defendant got home with D while drinking together with D and E of the former male and female male and female kym kym kym kym kym kym kym kym kym kym kym kym kym kym kym kym kym kym kym kym.

Accordingly, the defendant was able to sleep up the door with the door door and was sitting up on the chair due to the desire of D.

D’s arms, etc. are cut down by putting them into the upper part of the body of D with both hand, tightly cutting off D’s face and ear sides, etc., several times, and threatening D’s face and ear sides, etc. “I are only entering and leaving.............................., E, which d turn off D’s panty and tried to put the Defendant’s sexual flag into D’s sound part, did not come into the wind, and d turn off the way it into the wind, opening the front door, and, during that process, it was impossible for D to resist the number of days for treatment, such as snow, ma, ear, arms and ears, etc.

B. The lower court found the Defendant not guilty of the instant facts charged on the ground that the instant facts charged constitute a case where there is no proof of a crime in light of the following circumstances, etc., which are acknowledged by comprehensively taking account of the adopted evidence.

1) Each police’s statement against E as evidence of each police’s statement protocol against E;