The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

At the time of the instant case, the victim was unable or considerably difficult to resist because he thought that he was the defendant or robbery, who entered the house of the defendant at the time of the instant case, due to mistake of facts and misapprehension of legal principles.

In addition, an indecent act by which the defendant sleeped the victim's body and sleeped again, but as a matter of course, the defendant commits an indecent act in which the victim's her butt and her bridge.

In addition, it could not be predicted that the victim's act of inserting fingers into the part of the victim's sound (hereinafter referred to as "the act of using similar sound in this case") was conducted. Thus, the act of using similar sound in this case constitutes an act of using similar rape.

Nevertheless, the lower court acquitted the Defendant of this part of the facts charged.

The Defendant’s act of deceiving the victim’s her her m and bridge (hereinafter “the instant indecent act”) is clearly against the victim’s will, and even if she had her m and slicked before her m and slicked, it cannot be predicted that the instant indecent act was committed. Therefore, the instant indecent act constitutes an indecent act by compulsion.

Nevertheless, the lower court acquitted the Defendant of this part of the facts charged.

Judgment

The lower court rendered a not guilty verdict on the primary charge of rape, which is the primary charge, on the grounds as indicated in its reasoning. In light of the relevant legal principles and the evidence of this case, the lower court’s judgment is just and acceptable, and it did not err by misapprehending the facts or by misapprehending the legal principles as alleged by the prosecutor, thereby adversely affecting the conclusion of the judgment.

Therefore, this part of the prosecutor's argument is without merit.

(1) Judgment on the ancillary charge of indecent act by compulsion is to resist by assault or intimidation against the other party.