The prosecutor's appeal is dismissed.

misunderstanding the facts of the grounds for appeal and misapprehension of the legal principles, the victim made a statement to the effect that, in the investigative agency and the court of original instance, the victim had consistently been able to enter the house, which read, “I would die if I would know another person.” The victim’s statement is sufficiently recognized.

Nevertheless, the judgment of the court below which acquitted all of the charges of this case on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) and intimidation, is erroneous in the misapprehension of legal principles, which affected

The punishment sentenced by the court below against the defendant (six months of imprisonment, one year of probation, one year of community service order, 80 hours) is too uneasy and unfair.

On August 13, 2016, the Defendant committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) against the summary of the facts charged in this part of the judgment of the lower judgment as to the assertion of mistake and misapprehension of the legal doctrine. The Defendant, at around 02:00 on August 13, 2016, committed rape by infringing upon the victim’s residence by making it difficult for the victim to drink together with the victim’s and his/her his/her his/her will, and by making it difficult for the victim to take advantage of his/her will to take advantage of his/her body and return to his/her house.

On the same day, the Defendant entered the studio of the victim in 05:30 on the same day, immediately after the victim entered the studio of the victim in shyang-si, the Defendant entered the above password by using the studio room and password of the victim, opened the entrance, and intrudes on the victim’s residence. The Defendant, while under the influence of alcohol, Dac was off the victim’s clothes, and Docherd off the victim’s clothes from the victim, even though Docher speech, Docherd the victim’s resistance, and raped the victim once.