The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) after 75 hours from the estimated time for taking the stroke m of this case, there is possibility of detection of a stroke m above the detection limit in the blood of the victim recovered; (b) the Defendant was in possession of m 12.5m M containing the stroke m ingredients on the day of the charge of this case; and (c) the credibility of the victim’s statement was high; and (d) the Defendant committed sexual intercourse by assaulting the victim by drinking the stroke m, but the lower court found the Defendant not guilty of the charges of this case, thereby adversely affecting the conclusion of the judgment.

The summary of the facts charged in the instant case and the judgment of the lower court was that the Defendant served as a pedton in each of the following areas: (a) one-year course of majoring in sexual surgery, and the victim D (the age of 24) at the hospital located in C (hereinafter “the hospital of this case”) located in Seoul (hereinafter “the hospital of this case”) around January 2014, as a pedton at the hospital of this case.

On January 29, 2014, the Defendant: (a) at the “G” restaurant located in the Hanju City F around 18:00, the Defendant, at around 22:30, stated in the bill of indictment at around 21:00, the Defendant: (b) had the victim cleep together with E, the director general of the bureau of the 3-year difference between the sex and major of the instant hospital; (c) had the victim engage in rape with the victim; and (d) had the victim cleeped into the hospital at around 22:30, in light of the time of CCTV shooting and the statement of E, the Defendant and the victim, who entered the hospital of this case, at around 22:30 on the same day.

Between the 03:40 the following day, the victim’s wife, 101 Byung-dong and the branch of the instant hospital (the watchkeeping room; hereinafter “instant branch of the watch”) is unable to resist due to the influence of the stroke malm by the above stroke m.