강간
The prosecutor's appeal is dismissed.
1. According to the victim's specific and consistent statement in the summary of the grounds for appeal, even though it is apparent that the defendant had raped the victim at the time and place stated in the facts charged, the court below presented in advance any typical attitude that the victim should be seen as a female sexual assault victim (the lack of gender-sensitiveness), and rejected the credibility of the victim's statement without considering all individual circumstances in which the victim was faced at the time, and sentenced the defendant not guilty of the facts charged in this case.
The court below erred by misapprehending the facts or by misapprehending the legal principles of the crime of rape, which affected the conclusion of the judgment.
2. Determination
A. On February 14, 2018, the summary of the facts charged: (a) the Defendant: (b) had the victim D (the name, the age of 45) first met with the drinking, and had the victim drink at around 08:50 on the same day; (c) had the victim she left the drinking place for returning home.
Around that time, the Defendant, who became aware of the fact that the Defendant had been at the latest following the victim’s death in front of the joint signature of the above B, was able to enter the victim’s house by using the fact that the Defendant was at the latest and later coming from the victim’s seat, and then forced the victim who was seated at the victim’s bed, to enter the victim’s house, and forced the victim to enter the victim’s bed, and forced to do so, to do so one time, and had sexual intercourse with the victim’s stroke and panty on a one-time basis, continuing to have 10 minutes after the victim’s second being forced to do so.
B. As to the above charged facts, the defendant and his defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense counsel and defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense