아동ㆍ청소년의성보호에관한법률위반(준강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
For a period of five years, the disclosure of information about the accused.
1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)
A. In the event of a misunderstanding of facts and legal principles, the victim had the victim fluencing alcohol, but did not have to the degree of resistance impossibility by taking the alcohol, and the defendant and the person who requested the attachment order (hereinafter “the defendant”) have sexual intercourse only with the victim’s consent and did not have sexual intercourse with the victim by taking advantage of the victim’s resistance impossible condition.
B. Even if the defendant's act of sentencing is found guilty, the sentencing of the court below (the disclosure and notification of personal information between 6 years and 5 years, and the attachment of an electronic tracking device and the imposition of code of practice between 20 years) is excessively unreasonable.
2. Determination
A. 1) The lower court convicted the Defendant of the facts constituting an offense as indicated in the lower judgment based on the following circumstances, etc.
A) The victim made a significant and detailed statement about the circumstances in which the victim had sexual intercourse with the defendant, and the statement is consistent from the police to the court, and the victim cannot find any particular reason to make a false statement. Thus, the victim's statement has credibility.
B) The Defendant made a statement to the effect that the injured party made a physical contact with one another by asking the Defendant, and that the injured party made a sexual intercourse by explicitly consenting to the sexual relationship. However, prior to the occurrence of the instant case, the Defendant and the injured party were only between the chief of the Taekwondo hall and the official in charge of the Taekwondo, and there was no appraisal or physical contact as a sexual intercourse. It is difficult to accept that the injured party first consented to the sexual relationship while making a key to the Defendant.
C) Even based on the Defendant’s statement, the victim was in the state of drinking approximately 2 soldiers at the time, and the victim was under the influence of her body and was under the influence of her speech.
As stated, the victim is under the influence of alcohol at the time of the case.