준강간
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (in fact-finding, misunderstanding of legal principles) and evidence submitted by the prosecutor, the victim at the time of the instant case was in a de facto condition in which the victim was unable to properly exercise his/her ability to coordinate and judge the sexual conduct of drinking more than his/her ordinary level in a state where his/her physical condition is not good, and the Defendant can be found to have sexual intercourse with the victim under
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts and misapprehension of legal principles.
2. Determination
A. The summary of the facts charged is as follows: (a) on October 2, 2017, the Defendant: (b) 01:00, at the main point of “C” located in Ulsan-gu, Ulsan-gu; (c) while drinking alcohol in line with the victim’s daily behaviors; (d) when the victim was frightened, the Defendant laid the victim out of the main point and frighted the victim to return the taxi to the house; and (e) f, at a distance of 150 meters from the said main point and 150 meters from the victim’s clothes; and (e) had sexual intercourse once with the victim.
Accordingly, the defendant had sexual intercourse with the victim by taking advantage of the victim's state of difficulty to resist.
B. The lower court determined that the victim dices alcohol more than the usual alcohol in the situation where it was difficult for the victim to sleep the preceding day of the instant case, and that the victim was unable to properly memory the work that had been between the day and the day following the day from the main point of view and the day from the day from the main point of view, but it is difficult to confirm that the victim was in a situation where it is difficult for the victim to control her behavior even in the process of leaving the main place with the Defendant, etc., and ③ even within the elel, the victim lost her completely and completely a short distance from the light of the body of the victim while under the influence of alcohol.
It is difficult to readily conclude that the defendant was in a situation that does not have any resistance, and ④ The defendant’s statement about the situation before and after the crime is specific.