아동ㆍ청소년의성보호에관한법률위반(강간)
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. The judgment of the court below which acquitted the defendant on the ground that the victim had been under the influence of alcohol at the time of the crime of this case, and the defendant committed an indecent act under the sufficiently aware that the victim was unable to resist due to alcohol, but the defendant was not guilty on the ground that he did not have the intention of quasi-decent act by compulsion.
B. The judgment of the court below which acquitted the victim on the ground that it is difficult to recognize that there was intimidation, even though the victim's refusal to commit the crime of this case was made impossible or considerably difficult in resisting the victim's resistance in the process of forced sexual intercourse with the victim while recognizing the fact that the victim refused to commit the sexual intercourse with the defendant at the time of the crime of this case, it was erroneous in the misunderstanding of facts and misunderstanding of legal principles.
2. Determination
A. The additional prosecutor of the ancillary facts charged maintains the existing facts charged as the primary facts charged and maintains the following 2.C.
1 As seen in paragraph 1, each of the ancillary charges is added to the name of the crime, and each of the offenses is "violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts such as Fraudulent Means, etc.)," and the applicable provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse (Article 7(5), (1), and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 37 and 38 of the Criminal Act, and Articles 2 and 60 of the Juvenile Act" were added to the applicable provisions of the Act, and the subject of adjudication was added by the court
However, the prosecutor's argument of mistake of facts and misapprehension of legal principles on the primary facts is still subject to the judgment of this court, so it will be examined first.
(b)the primary part of the prosecutor;