강간등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. The victim cannot be deemed to have consented to the sexual relationship even though the victim voluntarily entered the defendant's office, and there is no motive or reason to make the victim's statement consistent and false in the main part.
Nevertheless, the lower court erred by misapprehending the fact that it is difficult to acknowledge the credibility of the victim’s statement and the remaining evidence submitted by the prosecutor alone is insufficient to deem that this part of the facts charged was proven without any reasonable doubt.
B. Considering the characteristics of a misunderstanding of facts regarding the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.), video images cannot be taken unless a photographer accounts for the cancellation of a locker due to the characteristics of a misunderstanding of facts, so there is little possibility that the images of the Defendant’s cellular image would have been taken,
Nevertheless, the court below found it difficult to view that the evidence submitted by the prosecutor alone had proved to the extent that there is no reasonable doubt as to whether or not the defendant had taken the sexual intercourse with the victim against the victim's will by using Handphones, and whether or not the defendant had such intention, and thereby, found the defendant not guilty of all primary and preliminary facts charged in this part, thereby causing misconception of facts.
2. Determination on the grounds for appeal
A. As to the assertion of misunderstanding of facts as to the rape, the lower court acquitted the Defendant of this part of the facts charged on the grounds of the grounds and circumstances stated in detail in Articles 3 through 11 of the lower judgment.
In light of the records, the above judgment of the court below is just and acceptable.
B. The record of misconception of facts about the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kamera, etc.).