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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the prosecutor's appeal grounds differ in specific parts. On the other hand, the victim's statement is consistent from the investigative agency to the court of law, in light of the fact that when using the black image installed in the telescam CCTV and taxi, it can be known that the victim almost being towed into the telecom, and the victim's statement is credibility in the victim's statement that the injured part of the medical certificate submitted by the victim was frightened by the chest, and the victim's statement that the defendant was frightened by the frighten wall, and there is no proof of the crime of quasi-rape-rape-rape-rape-in injury among the facts charged in the instant case, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. Judgment on the assertion of mistake of facts
A. On September 13, 2012, the Defendant: (a) committed sexual intercourse with the victim I (the age of 41) who met the alcohol or drink on six occasions on the day of the instant case by moving the victim I (the age of 41) from the Eju shop located in Dondo Dondo Donnam-gun around 05:40 on September 13, 2012.
At around 06:58 of the same day, the Defendant: (a) laid the victim to the taxi operated by the Defendant, and (b) moved to the Gelel 207 room located in the J, the Defendant’s residence.
At around 09:30 on the same day, the Defendant exceeded all the clothes of the victim who was scambling in the above 207 room, and had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s drinking room, and the victim fellings the Defendant’s body by her hand, and felling the victim’s chest by drinking, flading the victim’s chest into one time, flading the victim’s chest with the victim’s head, and flading the victim’s head by hand, thereby harming approximately three weeks of the victim’s hair treatment.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.