준강간
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (fact-finding) has consistently and specifically stated the facts charged in the instant case from the investigative agency to the court of the court below, and the circumstances subsequent to the instant case also conform to the statements of the victim, so the statement of the victim may be reliable.
In addition, comprehensively taking account of the CCTV images, etc. that correspond to the victim's statement, the defendant can fully recognize the fact that he/she has sexual intercourse with the victim by taking advantage of the victim's state of refusal to resist.
Nevertheless, the court below rendered a not-guilty verdict on the facts charged of this case without reasonable grounds, and such judgment of the court below is erroneous.
2. Examining the evidence duly admitted and examined by the lower court, the lower court’s determination that “the evidence submitted by the prosecutor alone cannot be deemed to have been proven without any reasonable doubt that the victim had been in a state of failing to resist under the influence of alcohol, or that the Defendant had sexual intercourse with the victim by being aware of the victim’s state of failing to resist,” and the recognition of facts based thereon was just, and the lower court’s determination was clearly erroneous
The reasonable circumstance to deem that the reasoning leading to the fact-finding is significantly unfair is inconsistent with logical and empirical rules, and thus, is not newly revealed in the trial.
3. Conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.