준강간미수
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. In full view of the statements made by the victim of the grounds for appeal, CCTV images, the circumstances leading up to the instant report, etc., the Defendant may fully be found guilty of the facts charged in the instant case that the Defendant attempted to have sexual intercourse with the victim, such as the victim’s failure to resist, standing out, and drinking out, and attempted to have sexual intercourse, by taking advantage of the victim’s state of inability to resist.
Therefore, the judgment of the court below which acquitted the above facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
2. Determination
A. On May 26, 2013, the Defendant attempted to engage in sexual intercourse with the victim, i.e., the victim E (the victim 21 years of age) who was out of the mouth of the Gwangju Mine on May 11:36, 2013 at the DoMoel 304 room located in the Gwangju Mine-gu (hereinafter “the instant Moel”) and was unable to resist due to a satisfing to the satum. However, the Defendant attempted to engage in sexual intercourse with the victim, i.e., getting off the victim’s chest who was on the part of the vessel of the victim, but she failed to resist from the locking.
B. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court determined that the Defendant cannot be deemed to have commenced the commission of the crime of quasi-rape on the ground that the Defendant’s act was not sufficient to resist or resist at the time of the instant case, and the Defendant’s act of intending to be out of the victim cannot be deemed to constitute a means of sexual intercourse or an act having a direct relation with the act of sexual intercourse.
1) The facts of recognition A) the victim got together with F on May 26, 2013, when 10:33, 2013, and 10:37, the victim was frightened in the instant cartel, and the victim was frightened at the nearby restaurant with the Defendant and F, but the F was frightd with the victim while she was frighted.
First of all, the defendant left the 11:31 and entered the her mother of this case together with the victim, and 11:32 were married into the her mother of this case, and 11:36 again entered the her mother of this case.
(b).