beta
(영문) 대전고등법원 2019.05.10 2019노17

준강간등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and misapprehension of legal principles)

A. The victim was under the influence of alcohol at the time of the instant case, and was in the state of mental disorder or impossibility to resist, and the Defendant used this to have sexual intercourse with the victim.

B. The victim of the violation of the Specialized Credit Financial Business Act did not allow the Defendant to use his/her physical card, and the Defendant used the said card by taking advantage of the gaps under the influence of alcohol.

2. Determination

A. The court below changed the statement to the effect that the defendant's statement is not sufficient to readily conclude that the defendant's statement is false in light of the following circumstances acknowledged by the evidence duly adopted and investigated: (i) the defendant made a detailed statement on the conversation with the victim within the restaurant or the Moel on the day of the instant case; (ii) the defendant made a detailed statement on the part of the victim's suicide, such as the victim's Jpropy photographs, etc.; and (iii) the victim did not communicate with the victim, it is difficult to readily conclude that the defendant's statement is false; and (iv) the victim made a statement to the police officer "after the instant case occurred, it is hard to say that the police officer divided his talk about the mobile phone within the victim's cell phone within the restaurant and the Moel," and then changed to the court below from the date of the instant complaint to the date of the court below's trial to the effect that "no memory is available before the victim's speech remains." The above statement is consistent with the victim's own will and behavior in front or after the victim's video.