준강간
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal (misunderstanding of the facts) is more natural that the injured person is unable to clearly memory the situation before and after the locking period, and to clearly memory the situation after the locking period. The statement by the J does not conflict with the victim’s statement, and the Defendant attempted to sexual intercourse with the victim in a state locked by spreading the Defendant, and the victim clearly expresses his/her intention that he/she does not want sexual intercourse before being married. As such, the victim was consented by the victim.
In addition, according to the contents of the text message sent by the Defendant to K, the victim seems to have been unaware of the fact of sexual intercourse with the Defendant. Therefore, the victim filed a complaint with the aim of gathering a conflict with the preliminary v.
In full view of the fact that it is difficult to see, it can be recognized that the defendant has sexual intercourse by taking advantage of the victim's non-opportunable condition.
However, the lower court found the Defendant not guilty of the facts charged in the instant case erred by misapprehending the legal doctrine.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that the victim’s statement appears to correspond to the facts charged of the instant case was sufficiently proven to the extent that there is no reasonable doubt that the victim’s sexual intercourse was sexually or physically impossible or considerably difficult for the victim at the time of sexual intercourse, solely with the remaining evidence submitted by the prosecutor, while under the influence of alcohol, and the victim’s sexual intercourse was committed by recognizing the victim’s status and using it.
It is difficult to see otherwise, and there is no other evidence to acknowledge it.
(1) The victim shall be the process before and after the crime of this case.