The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the credibility of the statement made by the victim of mistake of facts, and the relationship between the Defendants and the victim, the situation at the time of the crime, the situation after the crime was committed, etc., the victim was in the state of mental disorder or inability to resist at the time of the case, and the defendants had sexual intercourse with the victim by using it, and the defendant Gap could recognize the fact that he had taken the victim's sexual intercourse with the victim, but the court below acquitted the victims of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape, etc.) and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape, etc.) around March 1, 2013 against the defendant A, on March 1, 2013.

B. The lower court’s sentence of unreasonable sentencing (a fine of two million won for each of the defendants, and 16 hours for each of the completion of sexual assault treatment programs) is too uneasible and unreasonable.

C. The court below's failure to issue an order for disclosure and notification of personal information to the Defendants, in the absence of special circumstances to prevent the Defendants from disclosing or notifying the personal information against the unjust Defendants exempted from disclosure and notification orders.

2. Judgment on the assertion of mistake of facts

가. 피고인 A에 대한 아동ㆍ청소년의성보호에관한법률위반(준강간등)의 점 1 이 부분 공소사실 피고인 A은 2013. 2. 28. 22:00경 부산 해운대구 G에 있는 I 주점에서 피해자 F와 함께 술을 마시던 중 피해자가 술에 취해 몸을 가누지 못하자 “바람 쐬러 가자”며 피해자의 팔을 부축하여 주점 밖으로 나와 주점이 있는 건물 4층 계단으로 피해자를 데리고 갔다.

Defendant

A shall be placed rhly on the stairs, be off the victim's panty and panty, and shall be inserted into the part of the victim's sound into the part of the victim's sexual organ, taking advantage of the victim's mental disorder or the state of failing to resist.