준강간
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal: A consistent statement made by the victim who had no memory at the time of the instant sex relationship, comprehensively considering the victim’s female I, and the victim’s G’s statements to the effect that the victim was in a state of personnel inequality after the instant sex relationship, the victim appears to have been in a state of mental or physical loss or resistance at the time of the instant sex relationship, and the victim cannot be said to have been in a state of temporary loss of memory because the victim was unable to memory the situation at the time of drunk.
Therefore, the lower court erred by misapprehending the fact that the lower court acquitted the Defendant of the facts charged of this case and adversely affected the conclusion of the judgment.
2. Determination
A. On August 16, 2016, at around 15:00 on August 16, 2016, the Defendant completed a course of study with members, such as the victim D (name, leisure, age 63) who is the same member of the community service center dancing class, and, at the same time, frighted the victim who was drunkly drinking after drinking alcohol, and frighted the victim into the victim's house located in the Socheon-si, Seocheon-si, and led the victim to rape because the victim was unable to walk by drinking, and on August 16, 2016, the Defendant was raped by taking advantage of the victim's resistance impossible condition after having sexual intercourse at the victim's house at around 19:00 on one occasion.
B. In full view of the facts and circumstances acknowledged by the evidence adopted by the lower court, the lower court found the Defendant not guilty on the ground that the possibility of the victim’s drinking alcohol to a considerable extent at the time of the instant sexual intercourse could not be ruled out.
(c)
In light of the records, a thorough examination of the evidence duly adopted and examined by the court below and the circumstances stated in the court below's reasoning is reasonable to deem that the victim was in a state of mental or physical loss or resistance at the time of sexual intercourse, and that the defendant has sexual intercourse by using the victim's condition.