All appeals are dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

1. The lower court, on the grounds of the prosecutor’s final appeal, determined that there was no proof of a crime with respect to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) and the special robbery among the facts charged in the instant case, reversed the judgment of the first instance that found the Defendant guilty of all the facts charged in the instant case, and acquitted the Defendant on the part concerning the special robbery

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

The court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on crimes of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

On the other hand, the prosecutor appealed against the entire judgment of the court below, but did not state the grounds of objection against the petition of appeal or the statement of reasons for appeal.

2. The Defendant’s ground of appeal on the grounds of appeal by the Defendant is that the lower court erred by failing to exhaust all necessary deliberations and thereby recognizing facts contrary to the rules of evidence, since the lower court erred by failing to exhaust all necessary deliberations, even though the Defendant merely engaged in sexual intercourse by mutual consent with the victim and did not have rape by assaulting the victim.

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

shall not be deemed to exist.

3. The final appeal by the prosecutor and the defendant is all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.