강간등
The judgment of the court below (including innocence) shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
For the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) In relation to the charge of attempted rape, Defendant 1 attempted to engage in sexual intercourse under the agreement with the victim at the time of the instant case, and did not exercise the victim’s tangible power constituting assault and intimidation of the crime of rape.
B) The Defendant related to the charge of special intimidation did not constitute a threat to the victim by using the stones, which are dangerous objects.
2) The sentence sentenced by the lower court to the Defendant (two years of imprisonment, 80 hours of order to complete a program, and 5 years of order to disclose or notify) is too unreasonable.
B. A prosecutor 1) According to the statement of the victim, etc. by mistake of facts (not guilty of the number of rapes as stated in the judgment below), the defendant added his sexual organ to the victim's sound book at the time of the crime of this case.
On the other hand, there was no insertion on the other premise.
In light of the fact that there is an error of mistake in the court below which acquitted on the grounds of rape.
2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.
2. Determination:
A. Determination on the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine regarding rape crimes (1) - On the day of the instant case, the victim arrived at the Defendant’s house along with the Defendant on the day of the instant case, and then the victim was slick in the room at which the building was built.
The defendant, who was the victim, exceeded the clothes of the victim and inserted the sexual organ into the part of the victim.
The body could not be properly divided because it had been under the influence of alcohol.
Although the injured person expressed his intention to refuse by pushing the Defendant’s chest, the Defendant continued to engage in the sexual intercourse (hereinafter “first sexual intercourse”). - The injured person wants to go to the Defendant’s toilet.
On the other hand, the defendant suspended sexual conduct and informed the victim of where the toilet is located.
The victim re-drawed after having come to the toilet.
- The Defendant is once again.