강간
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is consistent with the purport that the victim has sexual intercourse with the victim, who is not in a state of being able to have his body covered with the victim’s body and has sexual intercourse with the victim, and according to such victim’s statement, the defendant may be found to have raped the victim by assault.
Although the court below found the defendant not guilty of the facts charged, the court below erred by misunderstanding the facts or misunderstanding the legal principles.
2. Determination
A. The summary of the facts charged is that the Defendant provided a bridge from around 2012 to the Victim F (the age of 27) and around 2012, and continued to communicate even after he hedging around August 2013 and maintained friendship.
On February 29, 2016, at around 21:00, the Defendant sent the victim to the restaurant located near Geumcheon-gu Seoul Metropolitan City, and provided meals. During that process, the Defendant got back to the house of the victim who was in the restaurant by requesting the victim to put music files into the mobile phone.
On February 29, 2016, at around 23:30 on February 29, 2016, the Defendant completed the work of inserting music files into the victim’s cell phone in place of the victim, and lying away on behalf of the victim, and discovered the victim with covered the fluor and locked on the floor of the living room, and met the victim’s growth and bridge by hand.
Therefore, when the victim resisted against the defendant, the defendant was pushed the victim, and the defendant got the victim covered with his/her head to the upper body of the victim, supposed the victim's resistance, supposed the victim's resistance, and supposed the victim's bridge, tamp, tamp, and off the victim's clothes, and sexual intercourse once with the victim.
Accordingly, the defendant raped the victim by assault.
B. The judgment of the court below