준강간
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. In the instant case, the victim did not have been in the state of mental or physical disability or impossibility to resist.
B. The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment, 40 hours of imprisonment, order to complete sexual assault treatment programs, and order to disclose or notify to the public) is unreasonable.
2. Determination on the grounds for appeal
A. The lower court found the Defendant and the victim guilty of the instant charges on the ground that the Defendant and the victim did not have sexual intercourse under the agreement, by comprehensively taking account of the relationship between the Defendant and the victim, the victim was under the influence of alcohol, and the victim’s attitude to her male-gu immediately after sexual intercourse.
B. Comprehensively taking account of the evidence duly admitted and examined by the court below, the following facts are recognized.
(1) The victim, like male-gu and his/her relatives, had knife drinking together with the defendant and knife three in the room of the victim.
② While the victim was locked, he was aware that his male-parent body, who feel frighten of himself, was trying to engage in a sex relationship, and that he refused to “the same shall also apply to that which is not adjacent to his father.” However, the male was frightened so that she had a sexual relationship with her husband, who was frighten.
However, a male who has a sexual relationship is a "du fine" for the victim, and unlike the victim's thoughts, was the defendant, not a male-child Gu of the victim.
③ After the sex relationship was formed, a man who has sexual intercourse came to rest in a toilet. The victim came to know of the fact that a male-parent body was her in his/her own side, and the victim was her own male-parent body, and her own male-parent body was flicking with clothes.
(4) The injured party may take place his own clothes that the defendant left in a toilet immediately and left in the room.