The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal, the confession of the defendant and the statement of the victim, etc., the court below found the defendant guilty of the facts charged of this case, but found the defendant not guilty of the facts charged of this case. The judgment of the court below

2. The summary of the facts charged was around 14:00 on September 4, 2012, the Defendant: (a) discovered a female-friendly job offering victim E (the age of 17) who was divingd by the Defendant’s room in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon; and (b) had the mind to rape the female.

The Defendant, who was locked, she was frightened by the victim, her fingers into the body of the victim, her chests, her fingers into the body of the victim, her fingers into the body of the victim, her fingers into the body of the victim, rhym and her fingers into the body of the victim, her fingers off all the her clothes of the victim, her abscened into the body of the victim, and she has sexual intercourse once by inserting them into the body of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental disorder of the victim who is a child or juvenile who is a potential child or juvenile.

3. Determination

A. In full view of the contents of the written opinion of the defense counsel and the overall statement in the investigation agency and the court of the defendant, the court below held that the confession of the defendant seems difficult to recognize the whole facts charged in this case with the accurate awareness of the legal meaning of the elements of quasi-rape, and thus, it cannot be deemed as evidence to acknowledge the facts charged. ② The defendant cannot be deemed as not guilty. ② The relation between the victim and the defendant, the situation immediately before and after the sex relationship of the defendant, and the reaction of the victim (the degree of sexual intercourse was clearly known, and the attitude seems acceptable) after the date of the occurrence of this case, and the behavior of the victim and the circumstance leading up to the complaint (the attitude taken by the victim against his will) after the date of the occurrence of this case.