The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (definite assertion) is clear that “the victim did not have any intention to be sexually related to the Defendant” in light of the relationship between the Defendant and the victim and the victim at the time.

In light of the physical conditions of the defendant and the health status of the victim, the defendant's act constitutes "Assault and intimidation" as stated in the crime of rape.

The victim’s behavior that “at the time it was difficult to actively resist is also acceptable.”

Therefore, although the facts charged in this case are fully convicted, the court below erred by misapprehending the legal principles.

2. Determination

A. The summary of the instant judgment is to determine the gender relationship between the Defendant (e.g., the South) who was punished for divorce proceedings (2018Ddan64501) at the time of separate stay and the victim (the wife).

In light of the fact that the victim sleeped in the Defendant’s house with the progress of divorce litigation at the time, the her father’s sleep or with his/her sleep, and the victim’s attitude immediately after the sex relationship 70 pages, it is difficult to readily conclude that the victim actively wanted to have sexual intercourse with the Defendant.

However, in light of the overall circumstances acknowledged by the evidence duly admitted and investigated by the lower court and the lower court, it is difficult to readily conclude that at the time, “the Defendant had intention to rape,” or “the Defendant had assault and threat to the extent required in the crime of rape.”

Although there are somewhat inappropriate expressions, the judgment of the court below is justified in its conclusion.

In particular, in light of the following: (a) the Defendant’s attitude and gender relationship before and after the divorce suit, the record of text messages sent and received by the Defendant and the victim is less than 63 pages of evidence and less than 188 pages of evidence records.

Therefore, prosecutor's assertion is without merit.

B. On July 19, 2018, the victim filed a divorce lawsuit against the Defendant on July 19, 2018.

(b) the injured party.