준강간
The prosecutor's appeal is dismissed.
1. In light of the evidence relations submitted by the prosecutor, the court below acquitted the victim of the facts charged in this case on the ground that the victim was in the state of mental or physical disability and failing to resist due to the influence of alcohol at the time of this case, and the defendant was able to recognize that he had sexual intercourse with the victim by recognizing the same condition of the victim. However, the court below erred by misapprehending the legal principles on the crime of quasi-rape by rejecting the probative value and credibility of the victim'
2. Determination
A. On December 6, 2017, the summary of the facts charged: (a) around 05:30, the Defendant, at the house of the victim C (n, 22 years of age) located in the Guri-si B building 00; (b) the day before the victim’s day; and (c) the victim’s relative D with the victim’s her fri-gu fri-gu fri-gu fri-gu fri-si fri-si fri-si fri-si fri-si fri, had the victim’s frien distance, and had sexual intercourse once by inserting the victim’
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.
B. 1) The lower court found the Defendant not guilty of the facts charged in its detailed statement on the basis of its determination. 2) Article 297 of the Criminal Act provides that “A person who commits rape by assault or intimidation shall be punished by imprisonment for a limited term of not less than three years,” and Article 299 of the same Act provides that “A person who commits sexual intercourse or indecent act by taking advantage of the person’s mental or physical disorder or the state of failing to resist, shall be punished by imprisonment for a limited term of not less than three years.”
The Criminal Code is punished for the crime of rape, not by assault or intimidation, by taking advantage of the state of mental disorder or impossibility to resist. Thus, the intention of quasi-rape is recognized that the victim has a state of mental disorder or impossibility to resist, and that there is a possibility of sexual intercourse by taking advantage of such state, and that such risk is acceptable.