beta
(영문) 부산고등법원 (창원) 2017.08.30 2017노156

강간치상

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is sufficiently reliable for the victim's statement to the effect that the defendant had raped the victim by taking the victim's two arms over her head at his/her head and suppressing his/her resistance, etc., notwithstanding paragraph (1) of the victim.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The Defendant in the instant facts charged is the relationship between the victim C (n, 21 years of age) and the same company from May 2015, and the relationship between the victim C (n, 21 years of age) and the Defendant, who had worked for the same company from June 11, 2015, to return.

On June 13, 2015, the Defendant completed night duty on June 13, 2015, and completed night duty with the victim, but, on the other hand, performed drinking at the convenience store as a drinking period from the telecom, since there was no door, and the Defendant did so at around 05:50 on the same day, and drank together with the victim.

At around 07:30 on June 13, 2015, the Defendant: (a) was off from the victim’s panty and panty spanty, and was in her body while she was off from the victim’s body while she was in her body, the Defendant was trying to insert the Defendant’s sexual organ into the part of the victim’s her body, and (b) was her body, the victim “not she would do so, she would not do so, she would not do so,” and (c) her body was tightly tightly her body by putting the Defendant’s shoulder into the head of the victim’s body, thereby preventing the victim from resisting the victim; (d) the Defendant’s sexual organ is inserted into the part of the victim’s body; and (e) the victim is too free.

The victim, after deducting the Defendant’s sexual organ, was put in the victim’s negative part, was prevented from resisting the victim’s sexual organ with the victim’s sound and the Defendant’s sexual organ by inserting the victim’s sexual organ into the victim’s negative part, thereby committing rape. Accordingly, the victim suffered injury to “heat and blood with about 3 cm from the entrance of the nitrogen at the victim” in the number of days of treatment.