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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is as follows. The lower court erred by misapprehending the fact that the lower court acquitted the Defendant of the instant facts charged, even though it was found the Defendant guilty on the grounds that the victim’s statement was credibility and the defense of the Defendant was difficult to obtain due to the following circumstances.
The defendant asserts that when the victim moves to the telecom with the driver's her chest, the victim first taken the defendant's chest in the car, and her own sexual intercourse was taken out. However, it is difficult to easily understand that the female victim first taken out the sexual intercourse to the defendant, who is the early side, and that the defendant's chest was taken out by the driver, and it is difficult to easily believe that the victim's chest was taken out by the driver's her finger.
B. If the victim enters the telecom with the Defendant for the purpose of engaging in sexual traffic from the beginning, it is consistent with the common sense to view that the Defendant agreed in advance on the expenses for sexual traffic with the Defendant before entering the telecom, and it is difficult for the police station to accept the claim that the victim is a snick-snicking.
Rather, it is consistent with the rule of experience to view that the defendant first left the victim with a ben snick prior to making a statement of sexual assault.
C. In light of the fact that the Defendant voluntarily paid the value of oil, etc. in order to have a sexual intercourse with the victim, and stated that “the victim may have a sexual intercourse with the victim” at the time of entering the telecom, it is reasonable to view that the Defendant committed indecent act by compulsion by force against the victim who did not respond to sexual intercourse in a net order different from that the victim thought in the telecom.
There is no evidence to verify the fact that the victim is a woman engaging in sexual traffic.
(e) A victim;