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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal (the factual error) was that the victim was in a mental disorder under the influence of alcohol, such as the victim was in a bruth state of 2 illness at the time of the instant case, and was unable to memory the situation before and after the instant
In addition, while the victim was unable to enter a university and was chilled psychologically, the Defendant, who had been subject to postponement guidance from the high school on the day of the instant case, was living together with the Defendant to determine the schedule of the preparation for entering a university, and thus, the victim was in the state
Nevertheless, the court below found the victim not guilty of the facts charged in this case because it cannot be deemed that at the time of this case the victim was not in a state of mental or physical disability or non-ffort.
2. Determination
A. In light of the following circumstances admitted by the lower court based on the evidence admitted, the lower court determined that the victim was either at the time of the instant case, or was unable to resist because the evidence submitted by the prosecutor alone.
The Defendant found the Defendant not guilty of the facts charged of this case on the ground that there is no other evidence to acknowledge the fact that he/she had sexual intercourse with the victim by recognizing that he/she had such status, and that there is no other evidence to prove it.
① On the day of the instant case, the victim divided the Defendant into the Defendant’s four soldiers, and went to the Y and entered the Republic of Korea together with the Defendant, and the Defendant again entered the YY, and the fact between the Mixed and the Gu soil is recognized.
However, according to the CCTV taken on the CCTV installed in the building of the Yeongi Institute, at around 20:25 on the day of the instant case, the victim took the Defendant's hand and was in the situation where the victim was able to walk on his own to the extent that it is not necessary to reduce his hand, and the victim arrived at the front of the Yeongi Institute with the Defendant.