The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the defendant may fully recognize the fact of rape as stated in the facts charged in this case.

Nevertheless, the court below found the defendant not guilty, and there is an error of misunderstanding of facts.

2. The lower court, based on the evidence duly admitted and examined by the lower court, found the following circumstances: ① lack of credibility of the victim’s statement concerning the circumstance during which the Defendant entered the victim’s house (the victim’s statement has been embodied after lapse of time, unlike ordinary cases, and the victim’s statement is not consistent; rather, it appears that there is sufficient possibility that the injured party would have entered his house with the Defendant with a sexual sense against the Defendant; ② lack of credibility of the victim’s statement concerning the circumstance during which the Defendant raped the victim (the circumstance where the Defendant exceeded the victim, and the Defendant’s statement as to the order in which the victim was sexually and sexually sexually committed by the victim), ③ lack of credibility of the victim’s statement concerning the situation at the time when the Defendant raped the victim (the victim was found to have been off the Defendant at the time when the Defendant raped himself).

However, when the Defendant stated CCTV images at the time of the victim’s home, the Defendant appears to have been off his clothes at the time of sexual intercourse. The Defendant’s statement conforms to this, the victim’s statement as to whether the victim had taken out his clothes after sexual intercourse, and the record of sexual assault on the day of this case does not coincide with each other). ④ The Defendant’s lack of credibility in the victim’s statement as to the circumstances during which the Defendant ceased rape (based on the victim’s statement, the Defendant was raped by the rape of the victim and resisted against the victim’s body.)