The prosecutor's appeal is dismissed.

1. The part of the defendant case

A. Each written opinion submitted after the lapse of the reasons for appeal (misunderstanding of facts and misapprehension of legal principles) are examined to the extent that the prosecutor supplements the reasons for appeal.

Defendant

In addition, when comprehensively taking into account the relationship between the person subject to the attachment order (hereinafter “defendant”), the relationship between the victim and the victim, the victim’s personal inclination and characteristics, the victim’s statement, and the circumstances at the time of the sexual intercourse with the Defendant, the Defendant may sufficiently recognize the fact of having sexual intercourse with the victim by exercising force against the victim’s will to commit an indecent act causing a sense of sexual shame against the victim, or by exercising force against the victim’s resistance to the complete suppression of the victim’s resistance, and by exercising force to the extent that the victim’s resistance is considerably difficult.

Nevertheless, the court below rejected the statements of the victim who is reliable in accordance with the facts charged in the instant case, and the sole evidence submitted by the prosecutor alone makes it difficult for the defendant to resist by assaulting or threatening the victim, and made an indecent act or rape.

In addition, it is difficult to recognize that the defendant committed an indecent act against the victim.

For reasons that it is difficult to evaluate, the court rendered a not guilty verdict on all the facts charged of this case, such as the charge of forced indecent conduct (including ancillary charges) by relatives and rape by relatives.

Such determination by the court below is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. Determination 1) The summary of the facts charged in the instant case is that the Defendant was the external third village of the victim D (V, 21 years old), and that the parent of the Defendant was living in the Defendant’s house located in Daegu-si E Apartment-si, Daegu-si, 301 Dong 205, while the Defendant was able to travel abroad on January 2015.

The defendant has attempted suicide from the injured person in question.