강간미수
The prosecutor's appeal is dismissed.
1. Although the court below found the defendant guilty of the charge of attempted rape of this case on the grounds of the victim's statement, etc., which has no unreasonable or contradictory part in the contents of the statement, the court below acquitted the victim of the charge on the ground that it is difficult to deem the victim's statement credibility. The court below erred by misapprehending the legal principles or misapprehending the legal principles.
2. Determination
A. Before determining the grounds for appeal by the prosecutor ex officio, the prosecutor, while maintaining the facts charged of attempted rape as the primary facts charged at the time of the trial, the name of the crime as “indecent act by compulsion”, the applicable provisions of law as “Article 298 of the Criminal Act”, and the facts charged below.
C. (1) As stated in the “preliminary facts charged”, an application for permission to amend a bill of indictment was filed with the same content as stated in the “preliminary facts,” and the same was added by this court. However, since the prosecutor’s assertion of misunderstanding of facts and misapprehension of legal principles regarding the primary facts is still subject to the judgment of this court, this paper examines the prosecutor’s grounds for appeal against the primary facts and the ancillary facts added in the trial. (2) The prosecutor’s assertion of misunderstanding of facts and misapprehension of legal principles as to the primary facts charged are examined in the order below. (3) The Defendant of the primary facts charged was sent a separate notice to the victim on or before February 2017, on the premise of marriage between the police officer and the victim B (the victim, the 37 years old, and the 37 years old, and the victim was unilaterally notified to the victim on December 2018
On March 29, 2019, the Defendant, from around 23:00 to 23:30 on the same day, was born to the head of EK7 car operation operated by himself at the D parking lot located in Daegu Suwon-gu C.