The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below found that the defendant and the requester for an attachment order (hereinafter the defendant) rapeed C under 13 years of age, raped C who is a juvenile, and placed the defendant's sexual organ inside the mouth of C on seven occasions, and found the defendant not guilty of all the facts charged of this case. Thus, the court below erred by misapprehending the legal principles as to incomplete deliberation and mistake of facts.

2. Determination

A. The summary of the instant facts charged is as follows: (a) the Defendant is a third-party relationship with C (V, the current 15 years of age).

A) Around the summer of 2013, the Defendant putting his hand in the house of the Dong-dong D Apartment A 203 (at the time of 12 years of age) of the Incheon Nam-gu, Incheon, by putting his hand in the house of the Dong-dong A 203 (at the time of 12 years of age), kid up the panty line outside the panty line, kid up the Defendant’s panty line, and inserted the Defendant’s sexual flag into the panty part of C.

Accordingly, the defendant has been raped by blood and under 13 years of age.

B) On September 2016 to October 23:00, the Defendant laid C (the age of 14 at that time) into a F parking lot located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, and laid C (the age of 14 at that time), sit C above knee, knee, kne, kne, kne, kne, kne, and kn up, and inserted the Defendant’s sexual flag into the negative part of C.

Accordingly, the defendant, who is a child-related juvenile, has raped C.

C) The Defendant: (a) around January 201 to March 2017, the lower date, the Defendant divided C’s c, etc. from the toilet of the H store located in Namdong-gu Incheon Metropolitan City with the Defendant and C (the age of 14 at that time) and inserted the Defendant’s sexual flag into C’s Ba and pande, and inserted it into C’s sound.

Accordingly, the defendant, who is a child-related juvenile, has raped C.

D) The Defendant came to go from the home of the Nam-gu Incheon Metropolitan City apartment A, No. 203 (at the time 14 years old) around January and March 2017.