The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

Even if there is no explicit or implied consent to sexual intercourse, and the victim consistently stated that “the victim was under the influence of alcohol but the defendant was a sexual intercourse.” Although the defendant could sufficiently recognize the fact that the victim was sexual intercourse or at least by force with the victim under the influence of alcohol, the court below acquitted him/her of all of the facts of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the primary charge of the instant case, and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the primary charge of the instant case, and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the primary charge of the instant case. In so doing, the court below erred by misapprehending the legal principles and misapprehending the legal principles.

2. Determination

A. Summary of the facts charged in the instant case 1) - The Defendant violated the Act on the Protection of Juveniles from Sexual Abuse (rape-rape) around June 1, 2015, the Defendant, at around 23:00, committed sexual intercourse with the victim E (the 15-year age), who performed drinking while drinking alcohol with the victim E (the 15-year age), at around 23:00.

Accordingly, the defendant, under the influence of alcohol, has sexual intercourse with the victim who is a juvenile in a state of mental or physical loss or resistance.

2) Preliminary charge - The Defendant, of violation of the Act on the Protection of Juveniles against Sexual Abuse (e.g., deceptive scheme) on June 1, 2015, committed one-time sexual intercourse with the victim E, a juvenile, under the influence of alcohol, with the knowledge that it is difficult to make a normal judgment or resistance due to the fact that it is difficult for him/her to do so, at around 23:00, from around 15:00.

As a result, the Defendant, under the influence of alcohol, has sexual intercourse with a victim who is difficult to resist.

B. The lower court’s judgment 1) The following circumstances, i.e., the developments and process leading to sexual intercourse, which are acknowledged by comprehensively taking account of the adopted evidences regarding the primary facts charged.