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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the statements of the victim, the J, K, and other evidence presented by the prosecutor, the defendant at the time of the instant case can sufficiently be found to have inflicted injury on the victim in the course of suppressing the victim's resistance and suppressing rape after having the victim's intention to rape with the intent to rape.
2. Determination
A. The summary of the facts charged in this case is the employee of “E” in Busan Shipping Daegu D.
around 02:00 on August 3, 2015, the Defendant became aware of the victim who drinks with the Victim C (F)’s daily behaviors at around 02:0 on the first floor of the above club underground.
On August 3, 2015, the Defendant reported on the victim’s drinking while drinking alcohol in the H restaurant located in Busan Shipping Daegu G around 07:40 on August 3, 2015 with the victim, with the intent of rapeing the victim, and added the victim’s drinking.
In the proposal, the victim has induced the victim to 1404, Busan Shipping Daegu, the defendant's dwelling.
The defendant tried to place the victim's shoulder on the bed on the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the victim, but the victim's bed of the bed of the above 303 at the bed of the 303rd of the bed of the bed of the bed of the bed of the victim, and the defendant forced the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the victim,
B. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant’s act on the day of the instant case is the victim’s intent.