성폭력범죄의처벌등에관한특례법위반(강간등치상)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant of mistake of facts is merely a victim’s entry into the main door naturally by opening the door, and does not intrude into “E” against the victim’s will, but can also be confirmed by field CCTV images.
Therefore, the judgment of the court below which judged that the defendant attempted to have sexual intercourse with the victim after intrusion on the main points against the victim's will, was erroneous in the misapprehension of legal principles.
B. The sentence imposed by the lower court (five years of imprisonment, etc.) is too unreasonable.
2. Determination
A. (1) The summary of the judgment of the court below as to the assertion of mistake of facts (1) and the defendant and the defense counsel of the court below also asserted the same as the grounds for appeal of this case. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated, the court below determined that the defendant, at least from the beginning, was sufficiently recognized as having invaded upon the victim's sexual crime against the victim's implied intent against the victim's implied intention, and that the defendant was guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) in the event that the defendant who had inflicted bodily harm
① On April 14, 2018, the Defendant was placed in front of the entrance of the “E” entrance, which was first driven by the victim from the street (referring to the time of April 14, 2018, in cases where only the time was written without indicating the date) around 10:15 (hereinafter referred to as the “day”).
The victim, while under the influence of alcohol level 0.295% at the time, was considerably under the influence of alcohol level 0.29%, and the ability to discern things or make decisions has been significantly deteriorated, and the defendant seems to have been aware of the above conditions of the victim, even though he was aware of it.
② At around 10:31:34, the Defendant entered the door of “E” with the victim.
However, the immediately preceding 10:29:51, and the defendant, the victim.