강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault against the defendant for 80 hours.
1. The gist of the grounds for appeal is that the victim has consistently made a specific and consistent statement concerning the details of sexual intercourse between the defendant and the situation before and after the defendant's forced sexual intercourse with the victim, but the defendant's legal action against the defendant is not consistent and thus, it
In light of the content and degree of intimidation made by the defendant against the victim, the superior position of the defendant, the time of sexual intercourse, and the following circumstances, the intimidation of the defendant was to be considerably difficult to resist the victim.
However, the lower court erred by misapprehending the facts charged or by misapprehending the legal doctrine on intimidation of the crime of rape, on the grounds that it is difficult to readily conclude that the Defendant had sexual intercourse with the victim to the extent that it would make it impossible or considerably difficult to resist the victim, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The Defendant is a person living in Mapo-gu Seoul Metropolitan Government building 301 and managing the Defendant’s building, and the victim E (V) is a lessee who resides in a rooftop room on the fourth floor of the building.
On February 2, 2016, the Defendant: (a) around early February 2016, when the copier of the victim’s home boiler was fluored so that there was a repair problem; and (b) used the mersh situation of the victim to rape the victim.
On February 21, 2016, the Defendant is entirely liable to the lessee for the stove with the boiler at the home of the Defendant around February 21, 2016.
The repair cost is 3 million won, "I am d', instead, a sexual sign. d'. d'. d'. 02:00 on February 14, 2016, the victim is a person who has been living in a prison, and male tenants have filed a complaint against sl't. d'h' and d'h't.
In addition, the facility maintenance and management business is operated, and the house repair cost is 15 million won, and the police is charged with the charge, and thener may not go to a foreign country if the civil lawsuit is filed, and the four places of work are located.