The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence duly admitted and investigated by the court below, the court below found the defendant not guilty of this part of the facts charged, by misunderstanding the fact, despite the fact that the defendant had sexual intercourse with the victim using the victim's state of non-performance of ability to resist.

B. The lower court’s sentence of unreasonable sentencing (7 million won of fine) is too unjustifiable and unreasonable.

2. Determination

A. The prosecutor’s assertion of mistake of facts and the summary of this part of the facts charged) The prosecutor’s main charge is as follows: (a) the prosecutor, while keeping the part concerning the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape, etc.) due to quasi-rape among the previous facts charged, filed an application for changes in the indictment with the purport of adding the ancillary facts charged as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape, etc.) due to temporary indecent act by force; and (b) permitting this by the court, the facts charged as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape, etc.) due to

On March 26, 2012, at around 03:00, the Defendant viewed alcohol with the victim I (V, 17 years of age) who came to know while entering a small wave located in the corridor between the fourth floor and the fifth floor of the fifth floor.

The Defendant, under the influence of alcohol, had the victim engage in sexual intercourse by using the state in which the victim was not aware of, and had the victim off his will and panty, and had the victim sexual intercourse once.

Accordingly, the defendant raped the victim by taking advantage of the victim's unknown state of impossibility to resist.

B. On March 26, 2012, at around 03:00 on March 26, 2012, the Defendant entered the above Hcar page from a small wave located in the corridor between the fourth and fifth floors of the building HA.