성폭력범죄의처벌등에관한특례법위반(강간등상해)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for five years;
3. Sexual assault against the defendant for 80 hours.
1. Summary of grounds for appeal;
A. Fact-misunderstanding [the misunderstanding of facts (the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)] Defendant did not have any intent to rape the victim, and was off the clothes to show the victim after entering the victim's house, there is only a little time to attract the victim in order to make the victim talk about the other talks that the victim would return to his own house and that she would have ever ever ever ever.
There is no assault or intimidation against the victim to the extent that the defendant suppresss him/her against his/her resistance or may significantly be difficult.
In such a situation, the court below held that the defendant attempted to rape the victim, thereby inflicting an injury on the victim in the course of the attempted rape.
The judgment of the court below is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
B. The punishment of the lower court (six years of imprisonment) is too unreasonable.
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts, the Defendant’s assertion on this part cannot be accepted, since there is no reasonable room for deliberation on the fact that the Defendant attempted to rape by suppressing the victim and suffered injury to the victim in the process.
(1) The defendant left outside of the house and intruded with the entrance door password, which was discovered in advance, and exceeded all clothes.
After diving, the defendant got back the victim back to the direction of the victim.
The victim fell from the wind that the defendant was towed and carried into the investigative agency, and the defendant's resistance was made to avoid being towed by the defendant, and the defendant was faced with the right blusing over the floor while leading out of the floor.
was stated.
(2) The defendant, while she was off of clothes, did not act to go her body or to seek understanding of the victim even though she was flapsed with the victim, and location his/her clothes until she went back.