강간미수등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. Although the victim’s statement is not consistent in the detailed part of the fact-finding (crimeless part) but is due to the victim’s partial memory was lost while drinking, the above circumstance alone makes it difficult to reject the full credibility of the victim’s statement, and Defendant’s DNA was detected from the body mother discovered in the course of cleaning the victim’s house, the victim’s statement that corresponds to this part of the facts charged is credibility.
Meanwhile, in light of the fact that the body difference between the defendant and the victim is obvious, that the victim gets to be towed by the defendant's hand, and that the victim is prone to the defendant's block and the defendant's blocks in order to escape from the defendant, etc., the defendant exercised the force of force to suppress or make it considerably difficult to suppress the victim's resistance at the time of the crime of attempted rape of this case.
must be viewed.
B. Undue sentencing (guilty portion) sentenced by the lower court (e.g., a penalty amount of KRW 700,000) is too uneased and unfair.
2. Determination
A. 1) In full view of the following circumstances acknowledged by evidence duly admitted and investigated by the lower court, the lower court’s determination on the assertion that the victim’s statement, the only direct evidence corresponding to this part of the facts charged, is difficult to believe as it is, and other evidence submitted by the prosecutor alone is insufficient to recognize this part of the facts charged.
In light of this, the lower court acquitted this part of the charges.
1. Regarding the point when the defendant knows that he has entered the family of the victim, it is doubtful that the victim has made a different statement whenever he makes a statement, and that the victim is not a person who is not a correct memory.
B. Although I knew that the defendant was entering the house without the victim's permission, I will take any particular measures to believe that the defendant will go on his own.