강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date the above judgment becomes final and conclusive.
It is true that the defendant and the victim have a sexual relationship with the victim misunderstanding the substance of the grounds for appeal. However, as seen below, the defendant and the victim enter the felel after drinking together, the defendant spawn together with tobacco within the her mother and brought about water to the victim. Even if the defendant show for about 15 minutes, the victim was within the her mother, the victim was suffering from sexual intercourse, the sex relationship was suspended due to the telephone which was caused by the victim during the sex relationship, and the victim reported to the police if the victim did not know about 5 million won the agreement immediately after the case.
In light of the fact that the defendant was sexual intercourse by agreement, and did not exercise the force to resist the victim to the extent that it was impossible or considerably difficult to resist the victim, so the crime of rape is not established.
Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
The punishment sentenced by the court below (two years of imprisonment, 40 hours of completion of sexual assault treatment programs) is too unreasonable.
In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court of the relevant legal principles as to the assertion of mistake shall evaluate the credibility of the statements made by the victim, etc., taking into account all the circumstances that are difficult to record in the witness examination protocol, such as the appearance and attitude of the witness being sworn in the presence of a judge, and the penance of the statements made by the witness in the open court after being swornly taken an oath, and the fact that the statements made by the witness, including the victim, are consistent with the facts charged, unless there is any other reliable evidence that can be objectively deemed as having no credibility.