강간미수등
The judgment of the court below is reversed.
The defendant shall publicly announce the gist of the judgment of innocence.
1. Summary of grounds for appeal;
A. There is a fact that the defendant in mistake of facts made two arms in a pool in the facts charged, but this is an act done with the victim's explicit and implied consent.
The defendant attempted to have sexual contact with the victim within the room of female escape stated in the facts charged, and only immediately suspended the victim's refusal, and did not use assault and threat required for the crime of indecent act by force or rape.
The victim's statements concerning each of the facts charged of this case are not consistent and credibility.
The defendant did not have the intention of indecent act by compulsion or rape.
Nevertheless, the judgment of the court below which convicted all of the charges of indecent act by compulsion and attempted rape is erroneous in misconception of facts.
B. The sentence imposed by the lower court (one year of imprisonment, etc.) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The gist of the facts charged is that the Defendant is a swimming instructor working at the sports center located in Seo-gu, Incheon, and the victim C (n, 18 years of age) is a university student majored in sports, who is working for the above sports center as a child swimming instructor from October 10, 2017 to September 28, 2017 and has been assigned from the Defendant from September 28, 2017.
1) On October 2, 2017, the day off which the above sports center was on the day of service, the Defendant: (a) committed indecent act by compulsion; (b) opened the victim with the above swimming pool on October 15, 2017; and (c) committed an indecent act against the victim; and (c) led the victim to commit an indecent act. The Defendant stated that “The victim was a female escape room (hereinafter referred to as “the escape room in this case”), stating that “The victim was flickly unfolded when he did so, and there is vertebrate only when he did so.”
It covers large-scale twits, such as the victim, by making it close to a twitce located in the Gu, and covering it.