The prosecutor's appeal is dismissed.

1. According to the general circumstances at the time of the crime and the contents of the Defendants’ act at the time of the crime, and the Defendants’ intent inferred therefrom, the Defendants recognized that the Defendants committed an indecent act through the division of roles under the joint criminal intent. However, the lower court rendered a not-guilty verdict on the charge of special rape, which is the primary charge, and the indecent act of special quasi-performance, which is the ancillary charge, was erroneous in the judgment of the lower court, which affected the conclusion of the judgment (the Defendant B withdrawn an appeal on the first trial date of the first trial of the first instance court). 2. The judgment of the lower court was based on the evidence examined by the Prosecutor, since the Prosecutor did not submit supplementary or additional evidence that could dismiss this part of the judgment at the trial of the lower court.

Based on the evidence duly admitted and examined by the court below, it is just to accept the judgment of innocence on the charge of special rape and special forced indecent act, which is the primary charge, among the facts charged in the instant case, for the same reasons as the opinion of the court below (11-16th part of the court below's judgment) on the basis of the evidence adopted and examined by the court below. The prosecutor's allegation that the prosecutor's appeal was based on

shall not be deemed to exist.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.