The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) is consistent and specific from the investigative agency to the court below's decision, and thus, it is highly reliable.

And the defendant's behavior, which can be recognized through the statement of D, is a forced indecent act committed by force and a similar rape.

B. The Defendant continued to commit the instant crime even though D explicitly expressed its intention of refusal, which is caused by forced indecent act and similar rape, and even if the Defendant caused a mistake in D’s intention, there is no circumstance to justify such mistake.

Nevertheless, the court below acquitted the defendant, and there is an error of law by misunderstanding facts and by misunderstanding the legal principles on forced indecent act and similar rape, which affected the conclusion of the judgment.

2. Determination:

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined in the interest of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). If the defendant strongly denies the whole facts charged and directly proves that it conforms to the facts charged in the record, the statement of D is flexible, and if all remaining evidence are merely a specialized evidence based on D's statement, etc., in order to find the defendant guilty of the facts charged, it is required that there is a high probative value as much as possible in terms of the authenticity and accuracy of the statement, and when determining whether the defendant satisfies such probative value, it is also required to make a statement when D.