강간미수등
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal is consistent with the victim’s statement in a specific and alternative manner, and there is no reason to dismiss the defendant, and the victim’s failure to actively resist at the time of the occurrence of the instant case is deemed to have been due to the victim’s withdrawal of alcohol. Therefore, the credibility of the victim’s statement is
Nevertheless, the judgment of the court below which acquitted all of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
The summary of the facts charged in the instant case is as follows: (a) around 18:20 on March 27, 2016, the Defendant: (b) reported the victim who was expected to be the rear seat of the steering line under the influence of alcohol to the back of the FSM5 vehicle owned by the Defendant (the age of 46), who was driven by a proxy driver of his name in the vicinity of the Busan Jung-gu, Busan, to the back of the FSM5 vehicle owned by the Defendant; and (c) caused the breath’s desire to take care of the victim; (d) 3:4 times to 3; and (e) the chest was able to take care of the chest due to the victim’s resistance; and (e) b) deducted the loss of the victim’s chest who was her resistance, and then put the finger into the part of the victim’s panty; and (e) put the finger into the part of the victim once.
Accordingly, the Defendant forced the victim to commit similar rape.
강간 미수 피고인은 2016. 3. 27. 19:10 경 피해자를 강간하기 위해서 부산 사하구 H에 있는 ‘I 모텔’ 의 호실 불상 모텔 방에 술에 취한 피해자를 데리고 간 후 피해자가 술에서 깨어 모텔 임을 인식하고 나가려고 하자 피해자를 강제로 침대로 밀쳐 눕히고 저항하는 피해자의 옷을 벗긴 후에 피해자의 양쪽 다리를 손으로 잡고 피고인의 몸 쪽으로 끌어 당겨 다리를 활짝 벌리게 하여 피해자를 못 움직이게 한 상태에서 혀로 피해자의 음부를 핥고, 손가락을 질 속에 넣고, 계속하여 피해자의 가슴을 빨고, 키스를 한 후 자신의 성기를 삽입하려 하였으나 발기가 되지 않아 그 뜻을 이루지 못하고 미수에 그쳤다.
The lower court’s judgment.