The prosecutor's appeal is dismissed.

1. Although the gist of the grounds of appeal is that the victim was not aware of sexual assault when the victim was sexually abused, the victim was in a situation where it was extremely difficult for the victim to resist his/her psychological or physical resistance at the time, according to the statements between the victim and G.

In addition, considering the various circumstances such as the fact that Defendant B is waiting outside the toilet, sexual intercourse with Defendant A and the fact that the act of sexual intercourse with Defendant B is difficult to be considered as a result of the victim’s normal decision-making in light of ordinary sexual norms, and the fact that the victim was a part of the victim at the time, it was difficult to expect that the victim would have a sexual relationship or consent even if in a passive and passive manner under normal conditions.

Nevertheless, the judgment of the court below which acquitted the Defendants is erroneous in misconception of facts or misapprehension of legal principles.

2. Determination

A. The summary of the facts charged is as follows: Defendants and victims F (the age of 26) are motives attending the hotel of J University in Busan International University.

At around 23:00 on September 3, 2014, the Defendants conspired to engage in sexual intercourse or to commit indecent act by having the victim, etc. take a locked place while drinking together at the main point of “K” in the vicinity of the above school, and the Defendants, the victims, etc., undergo large amounts of drinking, and the Defendants, etc., are not in a state of difficulty in drinking and making it difficult to do so by using it.

Pursuant to the Defendants’ proposal, the Defendants, victims, etc. affix the following seals.

9. 4. Around 01:00, the victim’s studio in the northwest-gu L, who dices alcohol, drinks alcohol more, and the victim thought that around 02:00, the victim was in a state of 3 to 4 remaining maurius unable to resist, due to the game penal provisions, she would exchange the light with each other, and let G and H enjoy alcohol more than ever. As such, the victim would have been in a state of 3 to 4 remaining maurius.

Defendant

A out of G and H.