The prosecutor's appeal is dismissed.

1. Summary of the Reasons for Appeal (In fact-finding assertion) the victim's statement that corresponds to the facts charged in the instant case can be believed.

On the contrary, the judgment of the court below which acquitted the defendant.

2. The lower court rendered a not-guilty verdict on the facts charged of this case on the grounds that it is difficult to deem that the victim was in a state of mental disorder at the time of committing the instant crime or that the Defendant had sexual intercourse by taking advantage of the fact, with diverse circumstances, such as rejecting the credibility of the victim’s statement.

In light of the circumstances acknowledged by the evidence duly admitted and investigated by the original court and the party, the judgment of the original court is justifiable.

In particular, it is insufficient to conclude that the defendant had the intent to commit quasi-rape.

The prosecutor's assertion is without merit. A.

Even according to the statement of the victim, it seems that the victim did not take a large amount of alcohol at the time of the crime of this case.

공판기록 81쪽 피고인과 피해자의 친구이고 비교적 중립적인 지위에 있었던 F[남성으로 피고인 및 피해자와 함께 있었던 4명의 일행 중 한 명이다. E(여성)도 마찬가지이다] 역시 “당시 피해자는 별로 취한 것 같지도 않았고, 잠에 빠졌다고는 생각되지 않았다. 엄청나게 취하지는 않았다.”라고 진술하였고, 증거기록 58쪽 E도 “자신의 기억에는 피해자는 멀쩡했다.”라고 진술하였다.

As such, at the time of the crime of this case, the victim seems to have not been under the influence of alcohol or to have not been aware of the circumstances before and after the crime of this case.

Prior to the instant crime, the Defendant and the victim committed a game that had to accompany sexual contact.

The Defendant kidd with the victim, and kidd against the victim's chest.

Since the defendant was in a locking place, the defendant had sold it to the victim.

The crime of this case is immediately conducted.