The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the victim reversed the statement that corresponds to the facts charged in the instant case in the investigative agency and the court of the court below, but specifically stated the facts of damage from the beginning, the victim's family members were aware of the victim's appeal before the report in the instant case, the victim and the person subject to the request for attachment order (hereinafter "the defendant") appear to make a favorable statement to the defendant in return for money from the victim, and there are separate records of the defendant who committed a sex offense against pro-Japanese, the court below which acquitted the defendant, despite the fact that the defendant had sexual intercourse by force, is erroneous in the misunderstanding of facts.

2. Determination on the part of the defendant's case

A. The lower court determined that ① the victim stated that he had sexual intercourse as stated in the facts charged in the instant case at the police time when he was investigated 1 and 2 times, but at the three-time investigation, the victim reversed the statement that he had no sexual intercourse with the Defendant at the time of having made a false statement, and the 4-time investigation reversed the statement by again having been sexual intercourse with the Defendant, not with the falsity, and that he had sexual intercourse with the Defendant at the time of the 4-time investigation. The court below reversed the statement of the investigative agency at the time of the lower trial by deeming that there was no sexual intercourse with the Defendant, and that the statement of the investigative agency at the time of the trial at the time of the change of the statement was not consistent with the statement, and thus, it is difficult to readily believe this; ② the victim and the victim reversed the statement that he had been made 3 times at the time of the investigation at the police 4-time investigation, because the Defendant and his wife stated that “I would good if you would have come to go beyond the family.”