One day under detention prior to the rendering of judgment shall be included in the above sentence.

On June 19, 2006, at around 19:00, the victim non-indicted 1 (n, 48 years of age) working together in Yongsan-gu Seoul Metropolitan Government, but from around 02:30 the following day, the victim 1 (n, 48 years of age) drinks alcoholic beverages four times at the seat of the Jindo-si, the juncian, the Ancian, and the folklore station, and the victim under the influence of alcohol drinks alcoholic beverages four times at the seat of the Gutone, while drinking the Gutone, while drinking the Gutone, while drinking the Gutone, and the victim was bread with the victim 205, the Nam-dong 38, Namnam-dong, and the victim was breamomoto 205.

At around 04:30 on the same day, the victim continued to do so, and the stoves of the defendant and the victim are likely to make it difficult for the victim to attend school due to being buried in the clothes of the defendant and the victim so that the stoves may no longer be found, and the victim was off from his clothes, and the victim was under the influence of alcohol and was able to take the chest of the victim under the influence of alcohol, thereby making it difficult for the victim to be able to take care of stove.

1. The statement made by Nonindicted Party 1 in the second trial record

Articles 299 and 298 (Selection of Imprisonment)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

The summary of the charge of quasi-rape, which is the facts charged of the instant case, is that “the Defendant: (a) had the intent to engage in sexual intercourse with the victim under the influence of alcohol by reporting the victim at the time and place indicated on the facts charged of the instant crime; (b) had the victim’s humf to have humbly humfed; (c) had the victim’s humf to hum; (d) had the victim’s humf to humf; and (e) had the humf to the victim’s humf to have humf to face; and (e) had the victim committed an attempted crime

2. Determination:

A. First, in order to establish the crime of attempted quasi-rape based on the premise of the above facts charged, the Defendant’s intentional act should be recognized as having committed sexual intercourse with the victim by taking advantage of the victim’s mental disorder or state of impossibility

It is doubtful that there may have been sexual intercourse with the defendant in that the defendant was off of all clothes of the victim and was off of his clothes.

However, on the other hand, the records of this case revealed as follows: ① the victim was exempted from all the clothes of the victim so that stoves may no longer be buried with stoves of the defendant and the victim; ② the defendant was also exempted from the clothes; ② the defendant's stoves by reporting the victim's appearance in the situation where stoves the victim's clothes and handbags are placed, ② the defendant was promptly stoves by causing a sudden desire; ③ the defendant did not go beyond additional coercive acts in the course of carrying stoves immediately after s to the crime of this case, ③ in light of the circumstances leading up to the crime of this case, the attitude of the crime, and the defendant's act immediately after the crime, etc., the defendant was unable to recognize that stoves of the victim by reporting the s to the stove of the victim and causing s to have been promptly stoved with the victim's chest, and there was insufficient proof as to whether the defendant had sexual intercourse with the prosecutor's will.

B. Next, according to the description of the medical certificate of injury to the victim, and each image of each victim’s bodily injury photo, the victim’s name was diagnosed as an outer part of the interview, boomion part of the boom, etc., and the milch of the victim showed a hole on the chest part of the chest.

However, according to the fact-finding inquiry reply by the doctor non-indicted 2 who issued the above diagnosis, it is acknowledged that the outer part part of the diagnosis does not require any special treatment, and that the medical treatment was performed for the purpose of preventing infection, not for the purpose of the examination and treatment, but for the purpose of preventing infection. Meanwhile, there is a possibility that the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the part of the case, and that the defendant and the victim suffered violence against the defendant and the victim. However, according to each written confirmation of each medical treatment that the defendant received medical treatment after the date of the occurrence of the case, according to each written statement of each medical treatment confirmation, it seems that there is certain credibility in the part of the part of the part of the defendant's argument, and therefore, the victim's part of the part of the part of the part of the part of the part of the judgment of the case is likely to have been committed from violence.

Ultimately, it is insufficient to recognize that the fact of injury among the facts charged in the instant case was proven to the extent that there is room for reasonable deliberation.

C. Therefore, the Defendant’s injury resulting from quasi-rape, which is the facts charged of the instant case, should be acquitted on the ground that there is no proof of the crime. However, inasmuch as the facts charged are included in the facts charged of quasi-indecent act, and thus the conviction of the above quasi-indecent act within the scope of the same facts charged is

Judge Jin-hun (Presiding Judge)