강간미수
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the victim made concrete statements from the investigative agency to the court below in detail concerning the situation at the time when the victim got in E main points, the situation immediately after the entry of the defendant's officetel into the office of the defendant, the situation at the time of the crime of this case, the situation at the time of leaving the defendant's officetel, the reasons why the defendant's wall was taken out by the defendant, the reasons why the defendant's wall was taken out by the defendant, and the details of N and Handphone telephone conversations with H are consistent with the victim's statement, and considering the victim's deliberation, it cannot be ruled out that some statements made by the police officer are inconsistent with the victim's investigative agency and the court below's trial.
그 반면에 피고인은 피해자와 키스를 하다가 피해자가 성관계를 하지 않겠다고 하여 더 이상 성관계 시도를 하지 않고 일상적인 대화만 나눴다고 주장하나 믿기 어렵다.
Nevertheless, the court below rejected the statements of the victim with credibility and rendered a not-guilty verdict on the defendant. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.
2. Determination:
A. The summary of the facts charged is that the Defendant, around 02:00 on July 7, 2012, in a club of “C” located in Gangnam-gu Seoul on the part of “C” (the victim D (the 22 years of age) and her daily behaviors and drinks together with the victim D (the 22 years of age) and her daily behaviors, and they drink more alcohol than her additional alcohol by moving to a main station located in Gangnam-gu Seoul E around 05:0 on the same day.
The defendant sent the victim to the office of the defendant to F University because the school of the defendant is the F University, the school of the victim is going to go to the office of the victim, and at the same time, the si was on the si, and the defendant got to go to the office of the defendant, and the victim was able to go to the office of the defendant.
The defendant around 09:00 on the same day, Seocho-gu Seoul Metropolitan Government Officetel 921.