성폭력범죄의처벌등에관한특례법위반(강간등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is that the Defendant did not memory the victim and the drinking house after drinking alcohol at the time of the instant case. Since the Defendant, at his own discretion, she was playing a brucing spirit with the view of entering the brupted area, and was living in panty only, and the Defendant continued to do so on the ground that he was male on the ground that he was not aware of the fact that the person who was working in kis in kis for the reason that he was male, and continued to assault his male on the part of his own, and continued to do so on the part that he was in a vessel related to the organized violence in Korea, and continued to do so, the Defendant did not commit rape since he was aware of the fact that another organized violence was committed by the victim, and that he was the victim at the brud area.
Nevertheless, the lower court erred by misapprehending the legal principles or misunderstanding the facts charged on the premise that the Defendant had a criminal intent to commit rape, thereby adversely affecting the conclusion of the judgment.
2. Determination on the grounds for appeal
A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.
1) On December 14, 2012, the Defendant joined with the victim around 23:00, while drinking alcohol together with L/C and his/her female-friendly M at K University L at his/her home, M was a middle school dong, and M was working together with the victim around 23:0.
On December 15, 2012, the Defendant and the victim who sing together with the Defendant and the victim singinged with L, etc. around 03:0 on December 15, 2012, together with the Japanese-type drinking house, had been under significant influence of alcohol around the time of drinking from the Japanese-type drinking house.
B. The Defendant and the victim around 06:18 on December 15, 2012 are “Eel” rooms No. 103 located in Seodaemun-gu Seoul, Seodaemun-gu.