The prosecutor's appeal is dismissed.

1. The gist of the prosecutor’s appeal (definite or misapprehension of the legal principle) stated that the victim had engaged in sexual traffic in the past and immediately after hearing the fact that the victim had been engaged in sexual traffic in the past, the Defendant stated that the victim “confinites the sexual intercourse that he had engaged in sexual traffic in the past.” This is sufficient to deem the victim to have expressed his intent to inform the victim of the fact of sexual traffic in the vicinity of the victim’s sexual traffic without complying with the sex relationship, and that such purport is a intimidation to the extent that the victim’s resistance

Nevertheless, the lower court (the first instance court) acquitted the Defendant on the ground that the Defendant did not prove that he did not have any violence or intimidation to the extent that the victim made it impossible or considerably difficult to resist.

In so determining, the lower court erred by misapprehending the legal doctrine or mistake.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that the Defendant, around October 1, 2016, at the heading room of Yeongdeungpo-gu Seoul Metropolitan City Bel, the Defendant would know around the fact that the victim had been engaged in sexual traffic unless he/she complies with the sex relationship.

The following raped the victim once, in order to prevent the victim's shoulder and body from spreading by threatening the victim's resistance by suppressing the victim's resistance, and as long as the victim's shoulder and body can not be divided into the victim's body's shoulder and body.

B. The judgment of the court below (the court of first instance) is as shown in 3 to 6 pages of the judgment below.

3. Examining the evidence and laws and legal principles duly adopted and examined by the lower court’s judgment and the first instance court’s judgment, the lower court’s judgment of innocence is justifiable.

Taking account of the following additional circumstances acknowledged by the above evidence, the Defendant committed assault and intimidation, which is a constituent element of the crime of rape, against the victim.

In regard to whether there was an intentional rape of a victim by means of such assault or intimidation.