The judgment below

The part on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape).

1. The court below's scope of trial in this case sentenced the dismissal of prosecution with respect to the charge of indecent act by force related to only the defendant A among the facts charged in this case. ② As to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) concerning all the defendants, the court sentenced the dismissal of prosecution on the premise that the defendant B is innocent, and the defendant A can be established only for quasi-indecent act by force under the Criminal Act. The prosecutor only filed an appeal against the above part ② As such,

Therefore, the scope of the judgment of this court is limited to the above part of the judgment below, that is, the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

2. With regard to the summary of the grounds for appeal (public prosecutor: misunderstanding of facts and misapprehension of legal principles), it is sufficient to recognize the fact that the Defendants had sexual intercourse with a victim who is in a state of failing to resist jointly according to the victim J and the victim’s statements, etc. immediately after the case, the victim J and the victim committed the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape). However, the court below rejected the credibility of the above statements and acquitted the Defendants of the charges concerning Defendant B as a result of believing only the Defendants’ statements, and accordingly dismissed the prosecution on the premise that the

Therefore, the court below erred by misapprehending the legal principles on special cases concerning the punishment, etc. of sexual assault crimes, thereby adversely affecting the conclusion of the judgment.

3. Determination

A. An ex officio determination prosecutor shall keep the name of the crime in his/her first place in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) and shall be punished by the applicable provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.