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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the Prosecutor, the gist of the grounds for appeal (misunderstanding of the facts) can be acknowledged as the fact that the defendant has sexual intercourse under the agreement with E and that the defendant has falsely known the facts of the complaint.
Nevertheless, the judgment of the court below that acquitted the defendant is erroneous in the misapprehension of facts.
2. Determination
A. In full view of the following circumstances acknowledged based on the evidence duly adopted and examined, the lower court: (a) actively proven that the Defendant was false or false; or (b) was aware that the Defendant was false or false, based on the evidence submitted by the prosecutor.
It is insufficient to conclude it, and it was pronounced not guilty on the grounds that there is no other evidence to acknowledge it.
1) The Defendant, who had sexual intercourse with E, was at the same time after the first call of E at a club prior to the next day, and became at the soup room because he was unable to find out the brying room while she was frying E and frying at the soup room.
In soup, E made excessive representation to the Defendant, but it is not clear whether it was made under the assistant principal of the Defendant, or whether E made an unreasonable attempt without the Defendant’s understanding.
2) As seen above, when considering the attitude and situation of the Defendant seen, the Defendant had E enter the house in which the Defendant was married.
In the beginning, the defendant was expected to have the sexual intercourse with E or to have the sexual intercourse.
It is difficult to conclude it.
Rather, if the defendant was provided with the fear of fear of pregnancy after the sex relationship, the sex relationship at the time is highly likely to not be original, and at least it is against the defendant's internal will, but the sex relationship is against the defendant's internal intent, and there is a lot of possibility that the defendant might feel sexual humiliation.
3) A sex relationship with E is one of its own.