강간상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault, 40 hours against the defendant.
1. The summary of the grounds for appeal reveals that the Defendant was aware of all the facts charged in the statement of grounds for appeal, but there is doubt as to whether he/she has sexual intercourse with the victim on the grounds that his/her fixed amount was not detected and that he/she did not have any sexual intercourse.
The victim's statement that corresponds to the facts charged can be believed in a concrete and consistent manner as to the situation at the time of the case. However, even if the defendant's appearance was taken on February 13, 2013 at around 17:30, when five days have passed since the date of the occurrence of the case, the victim's statement that corresponds to the facts charged is highly likely to not detect the fixed amount. Thus, it is difficult to raise a question about the credibility of the victim's statement just because the defendant's fixed amount was not detected.
In light of the fact that the defendant made a fashion and made a sexual intercourse, the fact that there is no inside wound does not infringe the credibility of the victim's statement.
Therefore, if other evidence is presented in the statement of the victim with credibility, the facts charged are found guilty.
A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.
B. The lower court’s sentencing (five years of imprisonment, forty-hour order of sexual assault treatment program, three years of disclosure and notification order) is too unreasonable.
2. Determination
A. According to the records on the assertion of mental and physical disorder, even though the defendant was aware of drinking alcohol at the time of the crime of this case, in light of all the circumstances, such as the background and means of the crime of this case, the behavior of the defendant before and after the crime of this case, and the fact that the defendant specifically memoryed and testified the circumstances of the case excluding the sex relation, the defendant did not have the ability or ability to make a decision
Since it seems that it did not seem to have reached a state or weak.