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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below acquitted the defendant of all the facts charged of this case, although it can be sufficiently recognized that the defendant detained the defendant by threatening D, rape and sexual intercourse D, etc. with D, but the court below acquitted him of all of the facts charged of this case. The court below erred in the misapprehension of facts.
2. Determination
A. The summary of the facts charged in the instant case reveals that the Defendant, as an infinite person, became aware of D’s infinite upon the introduction of the mother of the Defendant, who was infinite, around 2010, and forced D to engage in sexual intercourse with D from time to time, thereby making D as the Defendant’s sexual old age.
1) On January 11, 2015, from around 00:00 to around 12:30, the Defendant: (a) opened the gate and the gate in order to detain the Defendant from the Defendant’s house located in Sungnam-si, Sungnam-si, with the aim of putting the Defendant into the house; (b) opened D from the back of D intending to go out of the house; and (c) prevented D from getting out of the house by putting the clothes of D intending to go back from the said place into the house and leaving it out of the house; and (d) prevented D from getting him to go out of the house.
A deceased person. It shall be well killed in this Act.
After intimidationing son, son, or son, son, or son, son, or son, Does not to sleep, Does the clothes that D had been kept under surveillance and Does off, and Does off, Does off the Defendant’s clothes around the Defendant’s surroundings, and prevented him from leaving out.
Accordingly, the defendant detained D for about 12 hours and 30 minutes.
2) The Defendant, at around 01:00 on January 11, 2015, at the Defendant’s house located in the Defendant’s house as described in the foregoing paragraph (1) above, was able to rape D while being detained in the Defendant’s house, as described in the foregoing paragraph (1). D referred to as “satising or satising and satising”, and discharged all clothes of the Defendant’s clothes stored in D, and discharged them from all of the clothes of the Defendant, and said D said D said.