유사강간등
The prosecutor's appeal is dismissed.
1. Summary of the grounds for appeal;
A. In full view of the fact that the victim of similar rape has consistently stated to the effect that “the defendant's sexual organ has been entered his/her own organ between his/her own organ and entered his/her own organ” and that the report on the crime of similar rape was delayed for six months, the victim's statement on the charges of similar rape in this part may be sufficiently reliable.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.
B. The fact of the damage of property is that the Defendant was seated at the top of the victim’s clothes in the process of unloading the Defendant’s clothes, and it should be deemed that there is little possibility that the heat connection jacks and the bomer operation device will be removed, and that there was an incomplete intention about the damage of property to the Defendant.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.
2. Determination
A. Regarding the point of similar rape, the lower court determined that the victim’s statement is practically the only direct evidence consistent with this part of the facts charged. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the relationship between the Defendant and the victim, and the circumstances before and after the case, the lower court acquitted the victim of this part of the facts charged on the ground that it is difficult to fully credibility the victim’s statement.
① The victim filed a complaint against the Defendant by committing the instant crime on May 23, 2018, when six months have elapsed since the date of the instant case occurred. Even when examining the details of text messages submitted by the victim, the victim did not find out any trace that the Defendant was involved in the instant crime before the victim filed a complaint.
(2) The aggrieved person shall keep the defendant over two years between him/her and him/her, and approximately KRW 30 million shall be the same.