강간치상등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts and legal scenarios as to the acquittal part) is not only specific, but also consistent with important parts, and thus, it is sufficient to find the defendant guilty of the injury resulting from rape among the facts charged. However, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination:
A. On November 3, 2012, at around 15:20 on November 3, 2012, the Defendant: (a) purchased tobacco from the victim E (the age of 61) located near Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “C”); (b) forced the victim to purchase tobacco; (c) 20,000 won for commercial sex acts; (d) sexual intercourse with the payment for commercial sex acts; and (e) proposed a sexual flag to bucks; and (e) tried to deviate from the victim’s will by assaulting the victim who was seated in his/her own will and panty to bucks; and (e) attempted to do so.
In addition, the defendant intending to rape the victim by committing assaulting the victim, such as taking the victim's neck and breast, taking the victim's face on several occasions by drinking, taking the victim's head salk, taking the victim's head salk to escape out of Schlage, taking the face to drinking out of Schlage, and taking a bridge to do so, but he attempted to commit rape upon the victim's report and its surrounding person's report, and thereby, the victim suffered injury, such as the second salk in the right side, which requires treatment for about two weeks.
B. The lower court determined that the victim’s statement is the only evidence to prove this part of the facts charged, and the victim’s statement is more concrete in the order of the police, the prosecution, and the court. In addition, the part that the Defendant, who is an important part in determining the criminal intent of rape, was panty and presented panty. The Defendant’s statement is the room.