성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) Fact misunderstanding and misapprehension of legal principles did not have the ability to discern things or make decisions due to drinking alcohol at the time of the instant case. Since D’s house was removed from one’s house, there was no intention to intrude upon residence, and the victim was hymd for the purpose of cutting off clothes as a usual habit, and there was no intention to rape.
In addition, the victim is not a woman in the water surface, and is not a mental or physical loss, and the defendant was faced with his her her mar at the time of his mar in the state of being drunk, and the victim's mar did not have any physical contact to a considerable extent. Therefore, the composition requirement of quasi-rape does not correspond to the requirement of quasi-rape, or did not come to
Nevertheless, the lower court found the Defendant guilty of the charge of attempted quasi-rape in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine and misunderstanding of facts.
2) The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment, three years of suspended sentence, and 40 hours of an order to attend a sexual assault treatment lecture)
B. The Prosecutor’s sentence is too unfilled and unfair, and it is unreasonable that the lower court exempted the disclosure and notification order of personal information.
2. Determination
A. Judgment 1 on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) The Defendant also asserted the same purport in the lower court’s determination as to his/her mental and physical loss, and the lack of intent to commit rape. The lower court, based on the circumstances acknowledged by the evidence duly adopted and investigated by the lower court in the “judgment on the Defendant and his/her defense counsel’s assertion”, did not have the intent to intrude into residence and quasi-rape,
We reject all Defendant’s arguments.
Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just.