The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts) was from the investigative agency to the court of the court below, and the victim was damaged by quasi-rape as stated in the facts charged in the instant case, and was in a state of mental and physical loss or impossibility of resistance at the time of

In light of the fact that the victim’s statement is consistent and clearly made, there is no reason to suspect the background of the victim’s complaint, etc., and the victim has no motive to mislead the defendant, the victim’s statement that the defendant was damaged by quasi-rape can be sufficiently reliable.

I would like to say.

In addition, as a result of the genetic assessment of the water conflict that one injured person was used at the time when the defendant was damaged by quasi-rape, the DNA punishment between the defendant and the injured person was detected in the above water conflict.

In addition, as a result of the examination of the defendant's birth, the defendant has been "incompetence of judgment", and there are some parts which are not reliable or contradictory in many respects in the statement of the defendant.

In full view of these circumstances, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s mental and physical loss or the state of impossibility of resistance, such as the facts charged in the instant case.

may be appointed by the Corporation.

I would like to say.

In this case, the court below, which proceeded with the citizen participatory trial, found the jury guilty of the facts charged in this case while adopting the jury's verdict result and rejecting the probative value without reasonable grounds for the results of genetic appraisal of physical conflict, which is a valuable evidence corresponding to the victim's statement, under the circumstances where the jury's voice alone is limited in judging the credibility of the victim's statement, and the jury seems to have judged the credibility of the victim's statement.