beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below acquitted the defendant of the facts charged in this case, although the defendant could sufficiently recognize that he had sexual intercourse by taking advantage of an impossible state of resisting G under the influence of alcohol. The court below erred by misapprehending the facts.
2. Determination
A. On October 24, 2015, around 01:30 on October 24, 2015, the summary of the facts charged in the instant case was raped by inserting the Defendant’s sexual organ into G by inserting the Defendant’s sexual organ into G by taking advantage of the state of resistance impossibility under the influence of alcohol in the F-Motor Vehicle that was parked on the roads of the E clubs located in Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as the “M clubs”).
B. The lower court found the Defendant not guilty of the instant facts charged on the grounds that the evidence presented by the prosecutor alone is insufficient to readily conclude the Defendant guilty of the instant facts charged in light of the following circumstances, etc. comprehensively admitted by the lower court based on the evidence presented by the
1) The Defendant stated from the investigative agency to the lower court’s court that “G was not in a state of diving or food at the time of sexual intercourse, such as setting aside a club along with G and continuing dialogues with G at the time of their passage along their own lanes.”
According to CCTV images taken by the Defendant and G at the time of convenience store and the Defendant’s two-lanes, G appears to have lost awareness or not to have his body accumulated. Even in case of CCTV images in which G enters the club back to the future after sexual intercourse with the Defendant, in order to find out his/her own situation that he/she had left the club back to the club, it can be confirmed that G, on its own, left the stairs as a relatively normal walk.
In light of the state of these G, the circumstance that G is unable to properly memory the situation at the time of gender relationship is presented.