강간상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault, 80 hours against the defendant.
1. Summary of the grounds for appeal: The defendant's assertion of misunderstanding of facts can be recognized as credibility, while the defendant's assertion is not consistent, so the charge of quasi-rape injury against the defendant is recognized.
Nevertheless, the lower court acquitted the Defendant of the facts charged in the instant case.
2. The summary of the facts charged was that the Defendant was the victim B (a family name, a female, 29 years of age)’s volunteer fee.
The Defendant stated the facts charged on October 20, 2017 as the date of the crime on October 21, 2017. However, according to the records, it appears to be a clerical error on October 20, 2017.
around 22:31, in the vicinity of D in Gangnam-gu Seoul Metropolitan City, the victim and the employee volunteer group, and the victim who could not get a mind while getting a taxi in order to get the drunkized victim into the house, were able to look at the victim, and the victim was called F hotel G in the vicinity of the sperm station in Sungnam-gu Seoul Metropolitan City.
The defendant was off from the clothes of a victim who is unable to see his mind at the hotel room, and had sexual intercourse with the defendant by inserting his sexual organ into the part of the victim.
The Defendant, while having sexual intercourse with the victim as above, went against the victim’s sound, etc., and the victim’s face was taken once again, and the victim was deprived of the victim’s face for about two weeks, resulting in an injury to the victim, such as an ad hoc dysia, which requires treatment for about two weeks.
3. The lower court’s judgment: (a) on October 20, 2017, based on the legal doctrine that, in cases where a victim’s statement is practically the only direct evidence consistent with the facts charged, in order to find the Defendant guilty on the basis of the victim’s statement, high probative value is required to the extent that there is little room for doubt about the truth and accuracy of the statement; and (b) the Defendant’s entry into the telecom with the victim who could not properly hold his/her body under the influence of alcohol around 22:31.