The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, including each statement in the victim C’s investigative agency and the court below’s decision, the court below acquitted the victim C of the charges of rape, although it is sufficiently recognized that the defendant committed rape as described in the facts charged. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. From July 2015, the Defendant started with the victim C (n, 20 years of age) who worked at the same head of the same family from around July 2015, and came back with D that was the former female-friendly Gu around that time. Since around September 2015, the Defendant was in a relationship with D as well as D without hedging even though he had re-satisd with the victim on October 2015, when he was in a relationship with the victim, and became in a relationship with D.

On the other hand, on November 2, 2015, the victim discovered two telephone numbers stored in the Defendant’s mobile phone around 05:00 on November 4, 2015 while getting out to Busan for the purpose of drinking up the Defendant, and having discovered and confirmed that there were two telephone numbers stored in the Defendant’s mobile phone from around 05:00 on November 4, 2015.

피고인은 흥분한 피해자가 피고인과 헤어지겠다며 짐을 싸서 모텔을 나가려고 하자 피해자를 제지하며 실랑이를 하던 중, 이전부터 과호흡 증세로 치료를 받아왔던 피해자가 충격으로 인해 갑자기 열이 나고 호흡 곤란을 호소하며 바닥에 주저앉자 피해자를 침대에 눕힌 후 나갈 것을 요구하는 피해자에게 “미안하다, 잘못했다, 한번만 봐주면 안 되냐”며 버텼고, 계속하여 피해자와 성관계를 하면 피해자로부터 용서받을 수 있을 것이라고 생각하여 침대에 누워있는 피해자와 성관계를 하려고 시도하였으나...