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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is recognized to have commenced the crime of quasi-rape according to the victim's statement, etc., and thus, the facts charged in this case are found guilty, and the court below acquitted the defendant. The court below erred by misunderstanding of facts
2. Around December 8, 2013, the Defendant, at around 08:30 on December 8, 2013, 2013, experienced a breath in the state of drinking, by reporting that the Defendant flicked the body of the victim D (Woo, 25 years of age) in the vicinity of the road in the vicinity of the road in the vicinity of the road.
Accordingly, the defendant saw about 50 meters from the direction of the victim's walk, and gets the victim from the parking lot of community credit cooperatives located there.
After about five minutes, the defendant, who was the victim, was unable to know the other party of the conversation and the expression of opinion was not free, put the victim a friendly speech as if the victim was active. The defendant forced the shoulder and lusium and forced the victim to move the victim to Suwon-gu E by leading the victim to the si.
Defendant continued to transfer the above E’s telecom.
At around 08:50 on the same day, the victim sought to the effect that the victim was "the head of a household," who was aware that the victim was an string of the victim's body and sexual intercourse with the victim, but the victim, who was aware that the defendant was an string of the situation, asked the victim to the effect that "the head of a household," was "the head of a household," and the defendant escaped from the above string of the guest room.
Accordingly, the defendant attempted to engage in sexual intercourse by taking advantage of the state of mental disorder of the victim, but did not bring about an attempted crime.
3. The lower court’s judgment is that the victim’s investigative agency’s statement is admissible as evidence consistent with the above facts charged.