성폭력범죄의처벌등에관한특례법위반(주거침입강간)
The judgment of the court below is reversed.
The punishment of the accused shall be three years of imprisonment.
except that from the date of this judgment.
The judgment of the court below that found the defendant guilty only on the fact that he/she had raped in the same time and place on November 20, 2019 and acquitted the defendant on the fact that he/she had committed rape, although the defendant had been admitted to have entered the hotel B hotel E room around 02:58 on November 20, 2019.
Although the probative value of evidence is left to a judge’s free judgment, such judgment shall be consistent with logical and empirical rules, and the degree of the formation of conviction to be found guilty in a criminal trial shall be such that there is no reasonable doubt, but to the extent that it does not require to exclude all possible doubts, and rejection of evidence which is recognized as having probative value by causing a suspicion without reasonable grounds is not permissible as exceeding the bounds of the principle of free evaluation of evidence.
(1) A statement made by a victim of sexual assault shall not be dismissed without any special reason (see, e.g., Supreme Court Decisions 94Do1335, Sept. 13, 1994; 2004Do2221, Jun. 25, 2004). The victim’s statement is consistent with the main part of the statement, and there is no unreasonable or contradictory part in the statement in light of the empirical rule, and the motive or reason to make a statement unfavorable to the defendant in a false manner is clearly revealed (see, e.g., Supreme Court Decision 2006Do5407, Nov. 23, 2006). Since the victim’s response to sexual assault may vary depending on the victim’s gender, relationship with the perpetrator, and specific circumstances, the rejection of the probative value of the victim’s statement, without sufficiently considering special circumstances faced by the victim of sexual assault, etc., can be deemed as evidence judgment based on logical and empirical rules based on justice and equity principles.