준강간
The prosecutor's appeal is dismissed.
1. The court below found the defendant not guilty without recognizing the credibility of the victim's statement, even though there are evidence to support the credibility of the victim's statement, such as the defendant and the victim's dialogue recording, work-h's statement, etc. made after the case, and there is an error of law by misunderstanding the fact that the court below acquitted the defendant.
2. In light of the facts and circumstances stated in its reasoning, the lower court determined that, although it is doubtful that the Defendant did not have sexual intercourse with the victim by taking advantage of the victim’s condition in which the Defendant was under the influence of alcohol, the victim’s statement and the remaining evidence submitted by the Prosecutor alone was proved to the extent that there was no reasonable doubt that the victim was in a state of mental or physical loss or resistance impossible at the time of the instant case.
It is difficult to see
On the other hand, the defendant was acquitted.
Examining the evidence duly adopted and examined by the court below in accordance with logical and empirical rules, the victim was in an incompetuous state of resistance by drinking at the time of the instant case, and the defendant was proved to have sexual intercourse with the victim by recognizing the victim’s resistance impossibility status to the extent that there is no reasonable doubt.
It is difficult to see it.
The judgment of the court below to the same purport is just, and there is no error of mistake as alleged by the public prosecutor.
The prosecutor's assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.