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(영문) 대전고등법원 2015.07.24 2015노161

준강간미수

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Judgment on the Grounds for Appeal

A. (1) In a case where the Defendant denies the criminal intent of quasi-rape, whether the Defendant had the intention to commit a crime or not, or whether there was an intention to commit a crime, the facts constituting such subjective elements have to be proved by means of an indirect fact or circumstantial fact having considerable relevance with the criminal intent due to the nature of the object, and what constitutes an indirect fact having considerable relevance should be determined by means of a method of reasonably determining the link of facts based on the close observation or analysis power based on normal empirical rule.

(B) The lower court rejected the Defendant’s and defense counsel’s assertion that the Defendant had no intent to engage in sexual intercourse with the victim on the ground that the Defendant could sufficiently be recognized at the time of having sexual intercourse with the victim, by taking full account of the following circumstances acknowledged by the evidence as indicated in its holding. ① The Defendant’s statement is a golf club-type shop where young men and women meet with each other and enjoy dancing with their body. According to the Defendant’s statement, the Defendant and the victim appeared to have been easy to enjoy a considerable amount of money, such as drinking their breast and boom while dancing in E, and drinking their chests and booms. ② At the time of E, the Defendant and the Defendant were 05:0,00, and the Defendant were 30,000,000,000 won and 20,000 won and 30,000,000,000 won and 30,000,000,000 won and 3,00,00.

(3) The defendant does not have any sexual intercourse and enters the telecom.