The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is consistent in that the victim's statement at the police station and the prosecutor's office, which correspond to the facts charged in the instant case, clearly expresses his intention of refusal in response to the victim's request for sexual intercourse, and the defendant also recognized it. At the time of sexual intercourse with the victim, the victim was hospitalized in the hospital due to infection, etc., the victim was in existence at the time of sexual intercourse with the victim, and the victim did not have experience in sexual intercourse before the instant case, the victim excluded the victim's parent's participation in order to prevent distortion of the victim's statement, the defendant's statement about the course of investigation is difficult to believe, and the defendant's statement about the defendant's oral intercourse is not consistent with the victim's statement about the reasons why the victim exceeded the victim's identity, while the defendant's statement at the police station and the prosecutor's office are credibility.

Nevertheless, the court below rejected the victim's police statement and prosecutor's statement on the ground that it is difficult to believe it, and there is an error of law by misunderstanding facts by violating the rules of evidence in finding the defendant not guilty of the facts charged in this case

2. Determination

A. Around March 2012, the summary of the facts charged: (a) around March 2012, the Defendant reported a post stating that he/she seeks a male-child organ posted on the Internet NVER car page; and (b) contacted with the victim D, who is a child or juvenile, and exchanged a cell phone with one another.

At around 14:00 on April 2, 2012, the Defendant found a victim who was hospitalized in the Soak-gu E Hospital No. 508 at the Jeondong-gu E Hospital at the same time, and tried to talk about the head of the victim who was sitting in the bend and was living in the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend.