The prosecutor's appeal is dismissed.

1. Although the statement of the victim is sufficiently reliable, the court below found the defendant not guilty of the facts charged of this case on the ground that it is insufficient to recognize that the victim was in a state of non-performance, when the victim was unable to resist when the victim was unable to resist, or when the defendant acted in the victim's sexual intercourse, etc., the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The summary of the facts charged of the instant case: (a) around November 21, 2014, the Defendant dumped the Defendant at a drinking house with no knowledge of the trade name located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul (n, 21 years of age) and drinking alcohol; and (b) on November 22, 2014, the Defendant dumped the Defendant and dump 505 room located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul; and (c) on November 22, 2014.

피고인은 2014. 11. 22. 10:00경 위 모텔 505호실에서 잠에서 깬 후 자신의 옆에서 술에 취하여 자고 있던 피해자를 발견하고 피해자의 옷을 벗긴 후 피해자의 성기를 혀로 핥고, 손가락을 피해자의 성기에 넣고 수회 넣었다가 빼는 행위를 하였다.

Accordingly, the Defendant committed similar rape by taking advantage of the victim’s non-performance state of difficulty.

3. In light of the facts and circumstances acknowledged by the evidence duly admitted and examined, the lower court determined the grounds for appeal: (a) it is insufficient to recognize that the victim’s statement, which is direct evidence to prove the facts charged of the instant case, was in a state of non-performance of the victim when the victim was unable to resist, or when the Defendant committed an act, such as inciting the victim’s sexual intercourse, etc.; and (b) even if all other evidence submitted by the prosecutor were collected, it is difficult to view that the Defendant had committed similar rape by using the victim’s state of refusal to resist.