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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is consistent with the purport that “A victim D has no memory as to how to go to the mar, which is the place where the crime of this case was committed, and whether a marson had a mar’s sexual intercourse,” from the investigative agency to the court of the court of the court below. The victim’s statement to the effect that “A victim was off his body and was placed in the mar of the defendant’s sexual organ on his body.” At the time of the victim’s birth without any particular meals, such as taking a day-day school course, etc., the victim drinks more than the defendant without any particular meals, even though one year has passed since the defendant and the victim had no sexual relationship. The victim himself expressed his intention of refusal in the middle of the sexual relationship, and argued that the victim was sexual intercourse under the agreement, and the victim’s sexual intercourse was satisd at all at the time of the victim’s arrival, but did not confirm the situation at all, at all, from the defendant.
In light of the fact that the defendant and the victim made telephone conversations as they memory the situation at the time, the victim's statement has credibility.
Nevertheless, the court below rejected the victim's statement on the ground that the victim's statement was not reliable, and acquitted the facts charged in this case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment
2. Determination:
A. The summary of the facts charged in the instant case was made by the Defendant at the so-called “KIKO room” located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul around January 201, to interview the victim D (the age of 21) with one another and to make a payment.
On March 21, 2012, the Defendant, at around 17:50 on March 21, 2012, after drinking the victim or drinking the victim with the victim at a restaurant near Seongdong-gu Seoul Metropolitan Government, and at around 22:00 on the same day, read the victim who drinking the alcohol to the taxi, and was in the Fmtle of Seodaemun-gu Seoul Metropolitan City E.