강간치상
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The judgment of the court below that found the victim guilty of the facts charged in this case even though the defendant had intentionally raped the victim with the intention to commit rape and caused the victim's injury in the process, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.
B. Even if the judgment of the court below is not recognized as the crime of bodily injury resulting from rape, the court below found the defendant not guilty on the part of the defendant without requesting the prosecutor's office to change the indictment for the crime of bodily injury resulting from confinement, as long as it is recognized as the fact that the defendant had inflicted bodily injury on the victim in the course of making the victim sealed the victim against the victim's will in a toilet and close the door. This judgment of the court below is erroneous in the misapprehension of legal principles.
2. Determination on the grounds for appeal
A. On May 31, 2012, the Defendant: (a) around 22:15, the first floor of the 1st floor of the building located in Gangnam-gu Seoul, Seoul, “Fnoman bank” (hereinafter referred to as “Fnoman bank”); (b) opened female toilets; (c) opened the key to female toilets; and (d) opened the key to the Defendant; and (d) opened a female toilet. At the entrance, the Defendant continued to demand that the victim “if the victim waits for going out of the toilet door, whether or not he did not open the toilet door; and (d) requested that the victim be informed of his phone number.” However, the Defendant was able to rape the victim as he refused.
The defendant, in order to rape the victim, putting the son and shoulder of the victim in his/her own hand, putting him/her into a female toilet, putting him/her into a toilet to close the door, put his/her hand in the crepans so that the victim can not open the door by leaving his/her body and open the door, and brush the toilet as he/she gets the victim's hand back between the crepans and the crepans of the victim's hand.