The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error) stated that the Defendant F, “a victim is present at a hospital due to his/her own cause,” “a lawyer’s office and counsel with him/her,” and “a victim is present at a ward and will be able to go into a ward.”

However, each statement made by the victim F, the defendant, and the victim I made a statement at his investigative agency or court court. According to their statements, the defendant may recognize the fact that he has sexual intercourse by agreement with the victim on November 24, 2012. Even if the defendant has a claim for damages against the victim due to the damage of quasi-rape, the defendant makes a false statement to the victim, such as "the victim is attending a hospital due to the victim's disease", "the attorney-at-law head and counsel", and "I will put the victim into a detention room," and "I will keep the victim under custody. I will deposit 10 million won with the inner bank account." This is a case where the defendant attempted to deliver the other party's property by means of intimidation exceeding the limit permitted by social norms by exercising his right to exercise the right to exercise the right."

Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. In light of the determination of the grounds for appeal, the burden of proof of the facts charged in a criminal trial is to be borne by the prosecutor. The conviction is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt as to the facts charged. Therefore, if there is no such evidence, the suspicion of guilt is against the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2006Do735 Decided April 27, 2006, etc.).