성폭력범죄의처벌등에관한특례법위반(특수강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, the above punishment for a period of four years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
(a) There is no fact-misunderstanding (the point of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape)) that the defendant has abused the victim with the intent to rape;
However, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous and erroneous.
B. At the time of each of the instant crimes, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.
(c)
The punishment sentenced by the court below (three years of imprisonment, etc.) is too unreasonable.
2. Determination
A. In a case where the Defendant denies the criminal intent regarding the assertion of factual mistake, the facts constituting such subjective element are bound to prove the indirect or circumstantial facts having a substantial relation with the criminal intent due to the nature of things given the nature of things, and what constitutes an indirect fact having a substantial relation ought to be fairly observed and analyzed based on normal empirical rule to reasonably determine the link of facts (see, e.g., Supreme Court Decisions 2002Do6103, Jan. 24, 2003; 2014Do10699, Dec. 24, 2014). Examining the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and this court in light of the aforementioned legal doctrine, the Defendant attempted to rape the victim by using a dog, which is a dangerous thing, and attempted to commit rape after having been raped by the victim at a time.
Therefore, the judgment of the court below which found the Defendant guilty of this part of the facts charged is just, and there is no error of mistake as alleged by the Defendant.
Therefore, the defendant's above assertion is without merit.
(1) The victim, at the police station, is able to keep the victim in mind, who was placed on the floor alone, and at least four times, at the time, the victim is placed on the floor by putting his or her beam on his or her hand, leading him to his or her quality.