준강간미수
The prosecutor's appeal is dismissed.
1. According to the consistent statement made by the victim of the grounds for appeal (in fact-finding) and the CCTV images of H hotel, a place where the instant crime was committed, the lower court determined otherwise and sentenced the Defendant not guilty, so the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. The additional prosecutor of the facts charged in the preliminary charge maintains the original facts charged and maintains the name of the offense in the preliminary charge, “indecent act by compulsion”, “Article 298 of the Criminal Act” and “Article 4 of the facts charged.”
As stated in the paragraph, an application for amendment to Bill of Indictment was filed, and this court permitted it, which was added to the judgment.
However, since the prosecutor's argument of mistake of facts about the primary facts is still subject to the judgment of this court, I will first examine the reasons for appeal against the primary facts charged by the prosecutor and the ancillary facts added in the trial.
3. Judgment on the grounds of appeal as to the primary facts charged
A. On February 28, 2014, around 03:00 on February 28, 2014, the Defendant: (a) laid the Defendant’s car in the name of bringing the Victim F (one’s name, and twenty-four years old) to the “E hotel’s age club” located in Gangnam-gu Seoul Metropolitan Government D; and (b) had the victim taken the Defendant’s car in the name of bringing the Victim into a hotel with the awareness of drinking.
On February 28, 2014, at around 03:50, the Defendant: (a) 801 room of the above hotel 801 room of the victim; (b) she was off the victim’s chest, etc. by taking advantage of the victim’s mental disorder or impossibility to resist; and (c) tried to have sexual intercourse with the victim, while the victim was able to talk with the victim’s chest.