[준강간미수][공2000.2.15.(100),441]
The case holding that the commission of the crime of quasi-rape began
The case holding that the defendant started the crime of quasi-rape in the event that the defendant tried to see the part of the victim's body and insert his sexual organ into the part of the victim's body while she sleeped off the clothes of the victim sleeped, but the victim's body is behind the body and the brut seems to have refused to do so, and where he waived to engage in sexual intercourse any longer, the defendant began to commit the crime of quasi-rape.
Articles 299 and 300 of the Criminal Act
Defendant
Defendant
Attorney Kim Young-soo
Gwangju High Court Decision 99No599 delivered on November 4, 1999
The appeal is dismissed. The number of days of detention days after the appeal shall be included in the calculation of the original sentence, less the number of days of detention included in the original sentence and the number of days of detention included in the statutory calculation.
The grounds of appeal are examined.
1. As to the Defendant’s grounds of appeal and the first ground of appeal by state appointed defense counsel
In light of the records, the evidence specified in the reasoning of the judgment of the court of first instance cited by the court below is examined in light of the records, and therefore, the court below did not err in misunderstanding of facts against the rules of evidence as alleged in the grounds of appeal, which found the victim's
2. As to ground of appeal No. 2 by a public defender
Examining the statements made by the victim in the investigation agency and the first instance court in light of the records, the defendant was found to have waived the victim's her part and panty, left the clothes up to her part and left the chest. While her part was left below the defendant's her part, the defendant tried to look at the victim's chest, her part, her part, etc., and put the victim's part into the her part, but her part, such as her part and her part, her part, her part, etc., but the defendant tried to her part, but her part her part her part and her part her part her part her part her part her part her part she could be found to have waived the fact that she did not go beyond the victim's part her part her part her part her part her part she did not appear to have any error in the misapprehension of legal principles as to the crime of quasi-rape since the defendant did not have any other part her part her part her part her part her part her part her part she.
3. Therefore, the appeal shall be dismissed, and the number of days corresponding to the number of days of detention after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.
Justices Cho Cho-Un (Presiding Justice)