강간미수
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) whether a perpetrator’s assault to establish a rape ought to be determined on the basis of the specific situation in which the victim was faced at the time of sexual intercourse. The following circumstances acknowledged by the prosecutor’s evidence submitted by the prosecutor, namely, ① the Defendant kis on the day of the instant case, kis the victim himself/herself, kis the victim, put him/herself into the lock clothes of the victim, and her chests the victim, and the victim’s kis on the part of the victim.
“The Defendant resisted and resisted “A”, ② the Defendant, without having a fluorous intent of the victim’s explicit refusal, made the victim knife with her hand, and tried to be out of the victim’s lock clothes and panty with another hand, ③ the victim was knife with her hand by her hand, ③ the victim was forced by her hand, and her hand knife with her body, and the Defendant exceeded the victim’s divings and panty, ④ the victim was forced to her body while her body was cut off by her body, ④ the victim was a hole in the back of the back of the body while her body was her body, and was damaged by the victim’s knife. ⑤ The victim was her knife at the time when the Defendant was her knife, and attempted rape.
The defect of 112 reports are the same as “Ahreh and rape,” and 112 reports were made by the Defendant, who deducted the victim’s mobile phone from the victim’s cell phone, and the victim escaped from the house, and the victim escaped from the house, and 6 The Defendant did not err by calling G, who is the president of the main point where he works after the victim escaped from the house.
was known.
".................... 7 the victim called G to “...”
For the purpose of this Act:
A few times have been made.
I want to continue to do so several times.
In addition, force has been written.
It means "................ the Defendant is often allowing the victim to receive the victim from him/her at all times."