강간등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault against the defendant for 80 hours.
The summary of the grounds for appeal is as follows: (a) the Defendant only committed a sexual intercourse under the agreement with the victim and did not rape the victim due to assault and intimidation; and (b) was injured by the victim in the course of his booming the victim, and did not intentionally inflict bodily injury; and (c) the lower court found the Defendant guilty of the facts charged of rape and bodily injury in this case.
The punishment sentenced by the court below against the defendant (three years of imprisonment) is too unreasonable.
A prosecutor acknowledged that the Defendant taken the body of a victim, who was in a state of body in the course of committing the rape of this case, and even if so, the Defendant taken the face of the victim only.
Even if the victim was taken during the course of rape crime, it is evident that the victim was suffering from a sense of sexual humiliation.
Nevertheless, the judgment of the court below which acquitted the Defendant of the charge of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using camera, etc.) is erroneous in the misapprehension of facts or of legal principles.
The sentence imposed by the court below against the defendant is too uneasible and unfair.
Judgment
The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, i.e., the victim was damaged by the Defendant at the investigative agency and the lower court’s court as stated in the lower judgment.
As the statement is being made, the statement is concrete, consistent, and there are no special circumstances to suspect credibility, ② The legal statement of witness G and CCTV of the court below, a witness, also conforms to the contents of the victim’s statement (The CCTV image is the form that the defendant gets a victim under the influence of alcohol after sexual intercourse, but it seems that the CCTV image is nothing more than that of the defendant, but only is the form that the defendant is forced to attract the victim under the influence of the defendant). ③