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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 the facts charged in this case, although the Defendants conspired to and by force could sufficiently recognize the fact that the Defendant had sexual intercourse with F, who is a child or juvenile. The court below erred by misapprehending the legal principles.
2. Determination
A. The summary of the facts charged in the instant case became aware of the Defendants’ transfer to the pertinent high school from March 2015 to April 1, 201 and became aware of the F.
Defendant
B around April 18, 2015, there is no place where F is going to go out from the new wall. In addition, upon request, the two request was received, and it was sexually related to F with F as a middle school H H lodging in Ansan-si.
Defendant
B around April 18, 2015, 10:38, 2015, hereinafter “A” call to Defendant A to “A had a sexual intercourse with F”, and hereinafter from Defendant A, hereinafter “B”.
Recognizing the phrase “I would like to do”, Defendant A told Defendant A that “I would be able to collapse,” thereby inducing Defendant A to have sexual intercourse with F.
Since April 18, 2015, the Defendants solicited Defendant A to engage in sexual intercourse with F by inducing F to a middle school H accommodation in front of the J restaurant located in Ansan-si I. On April 18, 2015, the Defendants solicited Defendant A to engage in sexual intercourse with F. On April 12:20, 2015.
The Defendants: (a) write the F’s arms, etc. that the Defendants want not to feel abnormal rash, put F into the above H accommodation; (b) Defendant B, waiting in the front corridor immediately before the above accommodation; (c) Defendant A and F waiting for the completion of sex relations; (d) Defendant A and F were seated in the bend inside the above accommodation.
F to knee and panty knee and refusing to knee and F to knee not to knee up to knee by hand, knee and knee to knee, knee to knee and do not close to the body of F.