준강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault against the defendant for 40 hours.
According to the evidence submitted by the prosecutor, at the time of the instant case, the victim was in an incompetuous state under the influence of alcohol and the Defendant had sexual intercourse with the victim by using the same.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.
The summary of the facts charged and the summary of the facts charged by the lower court from January 13, 2014 to January 04:00, 14, 2014, the Defendant, while carrying out an NAV club’s offline meeting in the vicinity of the new forest of Guro-gu Seoul Metropolitan Government from January 13, 2014, to January 14, 2014, saying that the Defendant will allow other members of the drunk to gather the victim to the extent that the victim and other members of the same club are unable to fully enjoy the body.
He talks with the victim and gal-si is on board the taxi.
The Defendant, when the victim was under the influence of alcohol in the taxi, was unable to properly talk about the place of residence in the taxi, requested the taxi engineer to get the victim to the felel 501 in Seoul Special Metropolitan City E, and had the victim sexual intercourse once with the victim using the victim's non-breath state of alcohol.
The summary of the defendant's argument in the judgment of the court below is that the defendant drinking alcohol at a meeting and sexual intercourse with the victim is recognized.
However, the victim divided the conversation between the defendant and the defendant in the telecom, and naturally sexual intercourses with the defendant, and immediately after the sex relationship, the cleaning agent himself was sleeped in the toilet, so it was not impossible to resist at the time of sex relationship.
Judgment
In light of the following circumstances acknowledged by the record of this case and the witness’s statement in the court below, the evidence submitted by the prosecutor alone that the defendant had sexual intercourse with the victim by using the victim’s non-subsible condition or had the victim intentionally committed such act.
There is insufficient evidence to acknowledge it and there is no other evidence to acknowledge it.
(b) the injured party.