Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

가. 검사 1) 사실오인(준강간의 점) ① 이 부분 범행 이전에, 피고인이 이미 노래방 룸 안에서 피해자를 상대로 준강간 범행을 시도하던 중 노래방 업주에게 발각되어 미수에 그친 바 있는 점, ② 피고인은 모텔 복도 바닥에 누운 피해자의 신체가 바닥에 쓸리는데도 억지로 끌고 갔고, 일어나지 못하는 피해자의 허리와 엉덩이를 구둣발로 차며 모텔 방 안으로 넣기도 하는 등 위 노래방 업주로 인해 준강간 범행이 실패하자 계속하여 준강간할 목적으로 피해자를 모텔로 데려간 것으로 보이는 점, ③ 피해자는 법정에서 「모텔 안에서 눈을 떴는데 피고인이 상의를 벗고 있었다.

In light of the fact that the Defendant made a statement to the effect that the victim’s oral memory “one time” was unfolded, and there was no circumstance to deem that the victim’s statement was false or exaggerated, according to CCTV images, the victim was found to have been suffering at the time of coming into the telecom, but it appears that the Defendant was off the victim’s boom, sexual intercourse, and re-clad with the victim within the telecom, ⑤ the victim was found to have detected the Defendant’s DNA type around the back side of the buck, the back of the buckbuck, and the back of the inside and outside part of the buck, and the fact that there were about 50 minutes, as seen above, the victim’s statement was found to have been detected by attempted quasi-rape, etc. at the time of initial adjudication, and that it was unreasonable to deem that the Defendant’s DNA type was detected by the Defendant’s attempted quasi-rape, etc., and that the victim was sexual intercourse with the victim’s previous part of the buck.