The text of the case where there is no evidence to prove rape among the facts charged against rapes;

If there is no evidence to prove the fact of rape among the facts charged against the injury resulting from rape, the fact of injury should be examined further, and it should be pronounced not guilty on the injury resulting from rape, since there is no evidence to prove the crime.

Articles 297 and 301 of the Criminal Act; Article 327 of the Criminal Procedure Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Defendant

Hanwon General Law Firm, Attorneys Hah Ho-ho

A defendant shall be punished by imprisonment for three years.

15 days from the number of detention days before this judgment is rendered shall be included in the above sentence.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment became final and conclusive. Of the facts charged in this case, the defendant was not guilty that, around 01:00 on May 29, 1996, the defendant sustained bodily injury by raped by the defendant in the Yucheon-dong 73-4, Yucheon-dong 73-gu, Chungcheongnam-do, Chungcheongnam-dong 73-1, and

Criminal facts

Defendant,

1. At around 01:30 on May 29, 1996, the victim was compelled to resist by assaulting the victim, such as: (a) 201 room in the inlet room 73-4, the inlet 73-4, the inlet 201, and (b) 30 minutes prior to sexual intercourse; (c) however, the victim refused to do so; (d) she was forced to resist by assaulting the victim, such as taking the face of the victim at several times with his/her hand and taking the part of the drinking bridge; and (e) raped the victim once with the said victim, and thereby, he/she suffered approximately three-day medical treatment.

2. While under the influence of alcohol to a level of 0.19%, a person drives a vehicle from May 29, 1996 to a 73-4 U.S. Haak-dong 73-4 located in the Haak-dong 739-8, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the person drives the vehicle from the front day of the Haak-si to the front day of the Haak-dong 73-4 located in the Haak-dong, Chungcheong-si.

Summary of Evidence

1. Statement consistent with the facts constituting a crime committed by the defendant in court;

1. Each statement that conforms to the facts stated in the judgment of the victim and Kim Jong-jin;

1. Statement prepared by a prosecutor that corresponds to the facts constituting the offense in the protocol of statement;

1. Each statement that conforms to the facts stated in the judgment among each statement of the victim and Kim Jong-jin prepared by the assistant judicial police officer;

1. Statement that conforms to the part and degree of the injury in the judgment among the written diagnosis of injury to a victim, the maximum amount of which is prepared by a doctor;

Application of Statutes

1. Article applicable to criminal facts;

Articles 301 and 297 of the Criminal Act (the fact of injury caused by rape in the market, the choice of limited imprisonment), Articles 107-2 subparagraph 1 and 41(1) of the Road Traffic Act (the fact of driving in the market and the choice of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes resulting from rape and bodily injury resulting from rape in a heavier judgment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Calculation of days of detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that no previous conviction is imposed on the defendant, and the victim does not want to

Judgment on the acquittal

이 사건 공소사실 중 피고인이 1996. 5. 29. 01:00경 충주시 봉방동 73의 4 소재 유천장여관 201호실에서 피해자를 강간하여 상해를 입게 하였다는 점에 대한 공소사실의 요지는, "피고인은 1996. 5. 29. 00:30경 충주시 문화동 739의 8 소재 도라도라주점에서 술을 마시고 혼자서 그 곳을 나서는 피해자(여, 37세)를 발견하고, 갑자기 욕정을 일으켜 그녀를 강간하기로 마음먹고, 그 주점 앞에서 혼자 서 있는 피해자의 팔목을 잡아 끌어 피고인 운전의 충북 (차량번호 생략) 엘란트라 승용차의 조수석에 태운 다음, 내려달라고 요구하는 피해자를 주먹으로 5회 가량 구타하면서 위 승용차를 충주 역전 여관골목으로 질주하고, 같은 날 01:00경 충주시 봉방동 73의 4 소재 유천장여관 201호실로 끌고 가, 동녀를 침대에 밀어 넘어뜨린 후, 집에 보내달라고 애원하는 피해자를 주먹으로 수십회 가량 때리고, 머리채를 잡아 침대에 찧는 등 폭행하여 반항을 억압한 다음 동녀와 1회 성교하여 강간하고 그로 인하여 그녀에게 약 3주간의 치료를 요하는 구강부타박상을 입게 한 것이다."라고 함에 있고, 피고인은 수사기관 이래 이 법정에 이르기까지 위 공소사실을 부인하면서 피해자와 위 도라도라주점에서 만나 이야기를 나누던 중 서로 의사가 합치되어 위 유천장여관으로 가 그 곳 201호실에서 성교를 하게 된 것이지 피해자를 폭행하여 강간한 것이 아니라고 변소하고 있다.

In light of the above facts charged, the defendant's statement at the court of the victim, the prosecutor, and the records of the statement of the victim prepared by the judicial police officer, etc., as evidence that corresponds to the fact that the defendant abuseds the victim and rapes as stated in the above facts charged, only the victim's statement was made. However, according to the witness Kim Jong-jin's statement at the court of law and the records of the statement of Kim Jong-jin prepared by the judicial police officer, first of all, it was confirmed whether the defendant was able to blick-jin and blick-jin, and then it was natural that the defendant and the victim were blick-gun as usual male and female in the above Yucheon-gu, and it can be acknowledged that the victim was blick-gu in the second floor when calculating the expenses of the victim in the first floor. Thus, the victim did not request relief from the above 2nd, and even if the victim was sufficiently able to escape from the above blick-jin, it cannot be found that there was no evidence to prove that the above part of the crime was rape.

It is so decided as per Disposition for the above reasons.

Judges Min Il-young (Presiding Judge)