성폭력범죄의처벌등에관한특례법위반(특수강간)
All appeals by the defendant and the prosecutor are dismissed.
The judgment of the court below that found the Defendant guilty of the charges of this case, although the Defendant was not guilty of the victim's chest at the time of committing the crime of this case, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
misunderstanding of the legal doctrine, the Defendant was aware at the time of committing the instant facts charged.
Since the victim was unable to commit the crime, punishment should be reduced or exempted in accordance with Article 26 of the Criminal Code.
The punishment sentenced by the court below to the defendant (a three years of imprisonment, 80 hours of order, 3 years of disclosure or notification order, etc.) is too unreasonable.
The sentence imposed by the court below against the defendant is too uneasible and unfair.
As to the Defendant’s assertion of mistake and misapprehension of the legal doctrine, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the victim consistently stated in the investigative agency that “the Defendant threatened the Defendant with excessive progress after leaving his chest at the time of the instant crime (Evidence record 24, 132); ② the victim, particularly, did not seem to have any motive or reason to dismiss the Defendant by falsely or exaggerationing the part of the Defendant’s chest, and ③ according to the CCTV video recording installed inside the elevator at the time of the instant crime, the Defendant’s head was taken up along the victim’s left hand, and the victim was going back to the chest of the victim’s chest, and the victim was satisfying and sating the victim’s chest at the time of the instant crime, and the Defendant stated the Defendant’s chest to the effect that “the Defendant intentionally satisfying and satisfying the Defendant’s chest as well as the Defendant’s statement to the effect that the Defendant stated the Defendant’s chest in the instant charges to the effect.”