The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor to the court below, including the victim's investigative agency and the statement at the court of the court below, the court below found the defendant guilty of the charge of this case (the charge changed from the fifth trial date of the court below to the attempted quasi-rape). However, the court below acquitted the defendant of the charges. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. On February 24, 2015, the Defendant, as well as the Victim C (V, 18 years of age) and the Defendant, as a matter of course, went together with drinking at the drinking place, and went together with drinking. On the same day, around 05:00, the Defendant entered a “E” fourth floor of the “E” located in Cheongwon-gu, Cheongwon-gu, Chungcheongnam-si, Chungcheongnam-si, Cheongwon-si.

Defendant tried to engage in sexual intercourse with the victim under the influence of alcohol at the above location, who was off from panty and panty of the victim, and was in an impossible state of resistance, but did not achieve such intent.

B. The lower court determined that, in light of various circumstances as indicated in its reasoning, based on the evidence duly admitted and examined by the Prosecutor, the victim was in a state of mental or physical loss at the time of the instant case or, i.e., the state of impossibility of resistance, which was psychological or physically impossible or considerably difficult for the victim to resist due to reasons other than mental or physical loss.

It is difficult to conclude, and even if not, at the time of the instant case, the victim was in a state of mental or physical loss or impossibility of resisting.

Even if the defendant knew such circumstances and tried to have sexual intercourse with the victim by using the victim's mental or physical loss or incompetence.

On the ground that it is difficult to readily conclude the facts charged, the lower court acquitted the aforementioned charges.

(c)

The burden of proving the facts charged in the criminal trial for the above deliberation is the prosecutor and the guilty.