강간미수
The prosecutor's appeal is dismissed.
1. Since the statement related to the damaged part of the victim's statement in the summary of the grounds for appeal can be reliable, the judgment of the court below which acquitted the victim of the facts charged of this case, although the defendant could have acknowledged the fact that he attempted to rape as stated in the facts charged of this case.
2. Determination
A. The Defendant, at around 05:00 on July 31, 2013, attempted to give money to the Victim G (the age of 37) and to have a sexual intercourse with the female in the F musical room located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, but the Defendant refused it, attempted to leave the victim’s body and panty in the manner that the victim was forced to leave the victim’s body and panty, and failed to resist the victim’s body. However, the Defendant attempted to put the victim out of the victim’s body and panty, and she did not have the intent to escape out of the above 103 room.
B. The lower court’s determination is difficult to hold that: (a) the victim’s statement to the effect that the Defendant intended to rape the victim who refused sexual traffic cannot be ruled out that there was an agreement between the Defendant and the victim on sexual traffic, including at least similarity; and (b) it is difficult to readily conclude that the degree of the victim’s tangible force at the time of the instant case’s refusal to commit sexual traffic was likely to make it impossible or considerably difficult to resist the victim; and (c) the victim’s statement that corresponds to the facts charged is doubtful; and (d) the other evidence submitted by the prosecutor alone is insufficient to recognize that the facts charged in the instant case against the Defendant was proven beyond a reasonable doubt; and (e) there is no other evidence to acknowledge it.