강간미수등
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is that the Defendant’s crime of this case shall be determined as a substantive concurrent crime of rape and similar rape, but the lower court acquitted the Defendant on the ground that the Defendant’s crime of quasi-Rape, which was prosecuted for committing an attempted rape, was incorporated into the crime of attempted rape, and constitutes only one crime of attempted rape, and the crime of attempted rape is not established separately.
Therefore, the court below erred by misapprehending the legal principles on the number of crimes committed between attempted rape and similar rape, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is the operator of the Internet NVV car page “C,” and the victim D (V, 39 years old) is a member of the said car page.
At around 03:30 on September 18, 2013, the Defendant boarded a taxi with other members and victims of the said car page to drink and return home to the Republic of Korea after drinking together with other members and victims of the said car page, and got the victim under the influence of drinking and drinking alcohol to rape with the victim.
At around 04:30 on the same day, the Defendant: (a) placed the victim in Songpa-gu Seoul Metropolitan Government Felel 305, lying the victim on a bed, putting the fel, putting the fel on the bed part of the bed, pressures the resistance with one hand; (b) laid off the victim’s panty and panty, cutting off the victim’s fel and panty, putting the panty into the negative part, and tried to rape the victim, but the Defendant did not commit an attempted crime without having the furbly refused it.
B. The prosecutor instituting a public prosecution against the defendant, among the facts charged in the instant case, takes the defendant's act of gathering his fingers by inserting them into the victim's negative part (hereinafter "the act of rape in the instant case") into consideration a separate criminal act distinct from the attempted rape against the victim, and then prosecute the defendant as a substantive concurrent crime of the crime of similar rape and the attempted rape.