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The prosecutor's appeal is dismissed.
Reasons
1. Although the statement of the victim in the summary of the grounds for appeal is reliable and the defendant could exercise his power, the court below acquitted the defendant, in violation of the rules of evidence and misapprehension of the principle of free evaluation of evidence and the legal principles of sexual intercourse by force.
2. Determination
A. On January 201, 201, the summary of the facts charged reveals the following: (a) the Defendant frighten and drinking in the middle of the following: (a) the Defendant frightened the victim (the age of 17) to enter the place where the Defendant G is located; (b) had the victim, who refuses to write down a clerical error in the Defendant’s seat, threatened the victim “Chewing, Chewing, I would like to have this end of this day, I would soon go to go back; and (c) fright the Defendant frighted.”
In addition, at around 05:00 on the same day, the Defendant: (a) took the hands of the victim, who was able to drink with the victim after drinking alcohol; (b) was under the influence of the victim’s entrance; (c) was forced to put the victim under the direction of the victim on the floor; and (d) laid off the son’s clothes on the part of the victim; and (d) putting the son’s finger into the part of the victim’s sound; and (e) putting the other Defendant’s sexual organ on the part of the victim’s body into the part of the victim’s sound, and had sexual intercourse once with the female.
Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by force.
B. The lower court determined that the Defendant has sexual intercourse in this case by comprehensively taking account of the following: (a) the background leading up to the Defendant and the victim’s drinking alcohol and the situation at the time of drinking alcohol; (b) the victim was raped from G; (c) the content of text messages presumed to have been given and received between the Defendant and the victim immediately thereafter; (d) the content of text messages given and received by the victim as a means of securing evidence after the lapse of the extended period; and (e) the relationship between the two persons given in testimony.