The prosecutor's appeal is dismissed.

1. The decision of the court below which acquitted the victim of the facts charged in this case is erroneous in the misapprehension of legal principles or erroneous in the misapprehension of legal principles, in light of the defendant's words and behaviors, etc., although it can be acknowledged that the defendant had sexual intercourse with the victim by mistake, mistake, or cause of site

2. Determination

A. On November 14, 2012, the Defendant, as a full-time reserve serviceman of the C Reserve Forces, became aware of the Victim D, a first-year student of a middle school, through a smartphone display application called “Plastic Stockholm” and became aware of his personal information, given the victim’s personal information, exchanged pictures, and exchanged.

The defendant knew of the fact that the victim is a female, but even before the birth, created an atmosphere that the victim can receive physical contact if the victim will come later beyond a simple sense of identification on the victim later.

At around 16:00 on November 24, 2012, the Defendant first met the victim at the Stickerhouse located in Songpa-gu Seoul, Songpa-gu, Seoul, and 03:00 on the following day, the Defendant: (a) told the victim to the effect that “I am a television or stile, and play, if I am anywhere, I am the victim’s seated, I am together with 206 Gelher, located in the Songpa-gu Seoul, Songpa-gu, Seoul, with which the Defendant was seated.”

In the above telecom method, the Defendant told the victim to the effect that “the victim would have a relationship” was “the victim,” but was rejected from the victim to the effect that “the victim should not go against.”

The Defendant, together with the victim, is at a two-year period to the effect that “I am good. I am good. I am good. I am good, and I am good, and I am. I will be able to say that the age difference is important, and will be responsible within the country.”