The prosecutor's appeal is dismissed.

1. In full view of the background leading up to the sex relationship between the Defendant and C and the statement of C after the above sex relationship, it is reasonable to deem that the Defendant was not guilty of the facts charged in the instant case, but the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. On April 27, 2014, the Defendant filed a complaint with the Daejeon District Public Prosecutor’s Office to the effect that “C, even though having not been raped by C, for the purpose of having C receive criminal punishment, was forced to go beyond clothes from the U.S.D. unmanned telecom, from March 25, 2014 to 21:00, 21:00, the Defendant filed a complaint with the Daejeon District Public Prosecutor’s Office.”

B. The lower court determined that: (a) although the Defendant attempted to reply after having a sexual intercourse with C and did not have it after having a sexual intercourse under the agreement with C, it was doubtful that C was in danger of sexual assault with E, which was a de facto marital relationship at the time, due to public discussion of the relationship with the Defendant, and it was in danger that C would not have been suspected of having sexual intercourse with C in order to escape him; (b) but (c) before this case, C was not in a special relationship with the Defendant, and C was highly likely to have known of a de facto marital relationship with the Defendant at the time of this case; (d) on the day of this case, C’s statement made by C, which promised to establish a relationship with the Defendant and his husband and became a sexual intercourse with the Defendant in the telecom. (b) With regard to the relationship with the Defendant by going outside the telecom, the Defendant took meals with C and entered the telecom, and (c) the Defendant did not have any inconsistency with C’s instructions, and (c) the Defendant entered the telecom.