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The prosecutor's appeal is dismissed.
Reasons
1. Although the gist of the grounds for appeal of this case is found guilty, the court below found the defendant not guilty by violating the rules of evidence and misunderstanding the facts.
2. Determination
A. The summary of the facts charged in the instant case is as follows: (a) between June 29, 2013 and June 30, 2013, from around 02:00 to June 30, 2013, the Defendant: (b) deemed that the victim D (neither 27 years of age) was under the influence of alcohol; (c) was under the influence of alcohol; and (d) was under the influence of alcohol against the victim’s will; and (e) was deducted when the Defendant’s grandchildren were inserted into the victim’s boom, and the finger was collected into the victim’s sexual flag; and (e) the victim’s finger was frighted to the victim’s breath, leading the victim’s breath as the victim did not call.
As a result, the defendant committed an act of inserting fingers to a person by assault.
B. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court, based on the victim’s statement, the only direct evidence that corresponds to the facts charged in the instant case, exercised assault to the extent that the Defendant would make it impossible or considerably difficult to resist the victim to the extent that the crime of similar rape is established.
The court determined that it was difficult to recognize that the defendant had the intention to commit similar rape.
① As stated in the victim’s statement, in order for the Defendant to raise kis against the victim’s will, in order to take kis, cut her breast, cut her fingers, and conduct similar rape, it would have been accompanied by a considerable exercise of force in the process. However, the victim did not specifically state how the Defendant exercised certain tangible force during the above action.
② At the court of the court below, the victim took the words above by the defendant, and made such talk, and committed an indecent act as described in the facts charged, and the victim took his hand at that time.