특수폭행등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) even though the court below rendered a decision to eliminate evidence against the victim’s statements made by investigation agencies (based on No. 23,40), it can be deemed that the remainder of the evidence submitted by the prosecutor alone proves that the facts charged causing rape of this case (hereinafter “instant facts charged”) was proven beyond reasonable doubt.
Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which affected the conclusion of the judgment, contrary to what is alleged in the facts charged.
2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles
A. The summary of the facts charged of the instant case (the injury resulting from rape) at around 20:40 on July 16, 2019, the Defendant: (a) stated in the lower judgment that the victim met or talks with the victim as a matter of agreement on a special assault case as stated in paragraph (1) of the crime of the lower judgment; (b) stated that the victim “any further talks on the roof of the Gowon;” and (c) went the victim into the corridor before the above rooftop; (d) stated the victim as “the victim’s gate,” breathing the victim into the warehouse installed outside the warehouse; (d) put the victim into the warehouse; and (e) laid the victim from the bottom of the warehouse; and (e) tried to stop the victim’s neck with the victim’s load; and (e) tried to take the victim’s her face with the victim’s chest, and (e) tried to take the victim’s face with the victim’s humping, etc.; and (e) tried to take the victim’s face with the victim’s finger.
Accordingly, the defendant is trying to rape the victim, and the number of days of treatment can not be known.