성폭력범죄의처벌등에관한특례법위반(강간등상해)등
The judgment of the court below (including the portion not guilty) shall be reversed.
A defendant shall be punished by imprisonment for three years.
1. The lower court found the Defendant not guilty on the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) among the facts charged in the instant case, and found the Defendant guilty of quasi-Rape, bodily injury, and intrusion on a structure included therein, and did not separately find the Defendant not guilty on the part of the acquittal.
Since only the Defendant appealed on the remaining part of the judgment of the court below excluding the part not guilty in the above reasons, the part not guilty in the above reasons is to be remanded to the court in accordance with the indivisible principle, but it has already been exempted from the object of public defense among the parties.
It should be viewed (see Supreme Court Decision 90Do2820, Mar. 12, 1991, etc.). Accordingly, the conclusion of the lower judgment with respect to the part not guilty of the above reasons is followed, and this Court does not decide separately.
2. Summary of reasons for appeal;
A. In light of the fact-misunderstanding and misapprehension of legal principles (as to the injury of quasi-Rape), the victim was at the time in a situation where the victim was unable to resist, in view of the fact that the victim, at the time of coming from a club, laid down a sloping stairs without a axis at the time of leaving the club, she was on board the vehicle alone, and talked with the Defendant by getting off the vehicle, and repeated running or walking with the I building together.
It is difficult to readily conclude.
The injured party does not completely associate with his sexual intercourse with the accused.
Although the victim made a statement, the blood transfusion of the victim is merely an intentional sexual act due to a friendly situation, and the check that the victim suffered cannot be excluded from the possibility that it was caused by being drunk or beyond sexual acts. When the victim is aware, it cannot be ruled out that there is a possibility that it is a temporary memory of a witness who is unable to memory later.
First of all, the victim's sexual organ flocks of the defendant and makes the defendant act of similarity, and is in the atmosphere of the time.