The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Defendant’s act of aiding and abetting a victim C or D to avoid committing rape without being aware of such rape, constitutes aiding and abetting that facilitates the commission of rape.

Nevertheless, the court below found the Defendant not guilty of the facts charged in this case on the grounds that it is difficult to recognize that the Defendant aided and abetted the rape of C, etc.

Judgment

The lower court found the Defendant not guilty of the instant facts charged on the grounds that it is insufficient to recognize that the Defendant was aided or aided the crime of rape with C and D, and there is no other evidence to acknowledge it, according to the following circumstances acknowledged by the evidence adopted and examined by the lower court:

1) In light of the circumstances and the situation at the time of the crime of rape of this case, and the Defendant’s conduct thereafter, the Defendant appears to have never known that C and D were rape until the crime of rape of this case was committed. 2) As long as C and D were deemed not to have been aware of the fact that C and D were rape of the victim, the Defendant cannot be deemed to constitute aiding and abetting C and D to facilitate the rape of this case by taking advantage of the fact that C and D were sexual intercourse.

3) In addition, the Defendant’s provision of a mobile phone to C cannot be deemed an act of facilitating the rape of C and D with the fact that C provided a mobile phone to C by providing D and C with a fact that: (a) it was intended for C to ask D to enter the room while the sending of his mobile phone was suspended; and (b) during that process, D proposed rape to be committed; and (c) it cannot be deemed that the Defendant provided a mobile phone to C and made it easier to commit the rape of this case.