However, the prosecutor only filed an appeal as to the part of the judgment below's acquittal and dismissal of prosecution, and since the part of the judgment of the court's conviction is separated from the Do of the appeal period, the scope of the judgment of this court is limited to the remaining acquittal and dismissal of prosecution except

2. The gist of the grounds of appeal is as follows: (a) Defendant B’s protocol of interrogation of the police suspect, and the protocol of interrogation of the suspect by the prosecution of Defendant A revealed the circumstances that the Defendants knew of each other’s crime; and (b) in light of the structure of the studio or the size of the studio, which is the place of crime, the Defendants may be sufficiently recognized to have committed the crime by impliedly combining each other; (c) on the contrary, the Defendants were acquitted on the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) among the facts charged in the instant case; and (d) the lower court acquitted the Defendants A’ quasi-indecent act by force

3. Determination

A. The summary of this part of the facts charged is as follows: Defendant A, at around 23:00 on March 23, 2013, takes the victim I (n, 27 years of age) who is a workplace volunteer, drinks alcohol with Defendant B, etc. at the main point of “K” located in Gangnam-gu Seoul Metropolitan Government J, and then takes the alcohol again from around 03:00 of the same month until around 24:00 of the same month.