준강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault, 40 hours against the defendant.
The Defendant in the facts charged of the instant case was an ex post facto distribution with the same company as the victim B (n, 26 years of age), and was sexual intercourse with the victim by using the victim’s state of avoiding resistance, by inserting the sexual organ into the sound part of the victim who was drunkly under the influence of alcohol, after completing a meeting of the preceding day on December 27, 2017 within the guest room of C hotel D of Jeju-si, and completing a meeting of the preceding day, and inserting the victim who spawn with the Defendant, who spawn with the Defendant, into the above hotel, and spawn with the Defendant.
The summary of the defendant's legal action is that the defendant has a sexual relationship with the victim by entering the above hotel after drinking with the victim on the day immediately before the date stated in the above facts charged, and there is a sexual relationship with the victim again with the victim at the time stated in the facts charged, but at the time, the victim was not under the influence of alcohol and was sexual intercourse with the victim under the agreement with the victim.
In light of the victim’s statement in the court below’s judgment and investigation agency, each investigation report, each statement in the written request for appraisal, and the video of CCTV storage CDs, etc., the court below found the defendant not guilty on the ground that the defendant was sufficiently proven to the extent that there is no reasonable doubt that the defendant had sexual intercourse with the victim by taking advantage of the victim’s state of avoiding resistance as stated in the above facts charged, but in light of the victim’s movement, etc. taken in CCTV images, the evidence submitted by the prosecutor alone alone was in such a state that the victim’s psychological or physical resistance was absolutely impossible or considerably difficult, and that the above facts charged that the defendant would have sexual intercourse with the victim by taking advantage of the victim’s status, and that the defendant was sufficiently proven to the extent that there was no reasonable doubt.
The main point of the prosecutor's appeal is the consistent statement of the victim and CCTV.