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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
misunderstanding of facts: The court below rejected the statements of the victim corresponding to the facts charged in this case and acquitted the defendant of this case, thereby affecting the conclusion of the judgment.
Judgment
A. In order to establish the crime of rape, the perpetrator’s assault and intimidation must be such as to make it impossible or considerably difficult to resist the victim. Whether the assault and intimidation in question were to make it impossible or considerably difficult to resist the victim, not only the content and degree of the assault and intimidation, but also the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse and thereafter, should be determined by comprehensively taking into account all the circumstances such as the victim’s assault and intimidation.
B. (See, e.g., Supreme Court Decision 2004Do2611, Jun. 25, 2004).
The court below acknowledged the following circumstances as a result of the record: (i) the victim’s investigative agency and court court’s statement in the victim’s investigative agency and court at the court of the court below regarding the method of force used by the defendant or the method of resistance before the occurrence of the sexual relationship; (ii) the victim’s statement is somewhat ambiguous and not specific; (iii) the victim’s resistance method at the time of the first police investigation at the time of the first police investigation at the time of the first police investigation at the time, “I want to make the victim make a statement in the police investigation at the time of the first police investigation at the time when I am out of his body fright and arms and when I am out of his arms.” Although I am a sound upon the occurrence of the assault, I would like to make the victim’s statement at the time of the first police investigation at the time of the investigation at the time of the first police investigation at the time when I am out of the police.”