강간미수
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
The summary of the grounds for appeal is as follows: (a) the Defendant was under the influence of alcohol at the main point of “D” operated by himself (hereinafter “the main point of this case”) and was under the influence of a victim E (the age of 63) from his own clothes, and only prevented the Defendant from demanding sexual intercourse, and did not intend to rape the victim.
Judgment
A. On July 16, 2016, the summary of the facts charged in the instant case reveals that the Defendant, at around 05:00 on July 16, 2016, at the main points of the instant case’s location in the building in Gwanak-gu in Seoul Special Metropolitan City and the operation of the Defendant on the first floor, the Defendant: (a) discovered the victim, who is a customer, was married while under the influence of alcohol; (b) exempted the victim from all the clothes, etc.; and (c) was pushed down on the body of the victim, and tried to suppress and rape the victim’s resistance; (d) however, the victim reported
At the same time, the intention has not been achieved continuously on the wind of resistance.
B. The lower court found the Defendant guilty of the instant facts charged by using the victim’s legal statement, the prosecutor’s office and police’s statement against the victim, the victim’s statement, the victim’s field photograph, and the recording file of the reported content.
(c)
(1) According to the evidence duly admitted and examined by the court below, the following facts are as follows. ① The victim went through to the new wall on July 16, 2016, together with the drinking at the instant main point, and the victim went to the mixed drinking at the instant main point. The Defendant saw the victim that he saw the drinking together with the victim, and talked with the victim that he saw the drinking. ② The victim was the victim’s first step to the Defendant.
It is necessary to look at the mind of the people.
Although the defendant was expelled from the defendant, the defendant exceeded the clothes of the victim by leaving the victim alone of the main point of this case, and 3 the victim reported.
The Defendant has ceased his behavior and returned to the drinking seat again, and 4. The victim shall immediately after the occurrence of the instant case.