[1] The time when the commission commences in the crime of quasi-rape

[2] In a case where the defendant was indicted for violating the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape) on the ground that he/she exceeded the inner part of Gap, who was divingd in the telecom under the influence of alcohol with the intent of sexual intercourse with the victim Gap (the age of 18), and attempted to engage in sexual intercourse with Gap's desire to resist by taking advantage of Gap's state of failing to resist, the case holding that the defendant's act of deviating from Gap's inner part was commenced as a means of sexual intercourse with the intent of sexual intercourse, and thus, the crime of quasi-rape was committed

[1] Articles 299 and 300 of the Criminal Act / [2] Article 7(1), (4), and (6) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 299 of the Criminal Act

[1] Supreme Court Decision 99Do5187 delivered on January 14, 2000 (Gong2000Sang, 441)

Defendant

Defendant

Attorney Kim Jong-ho

Gwangju High Court ( Jeonju) Decision 2018No110 decided November 13, 2018

The appeal is dismissed.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

In the crime of quasi-rape, the starting time of the commission shall be deemed to be the time when the act that can be called the means of sexual intercourse with the intent to engage in sexual intercourse with the intent to engage in sexual intercourse by taking advantage of the victim's mental or physical condition of non-satise or non-satisfying (see Supreme Court Decision 9Do5187 delivered on

According to the reasoning of the judgment below and the records, the defendant exceeded the inner part of the victim who was divingd in the telecom under the influence of alcohol with the intent of sexual intercourse with the victim, and the victim has been broken down. Thus, the defendant's act of deviating from the victim's inner part is deemed to have commenced an act that can be deemed a means of sexual intercourse with the intent of sexual intercourse, and thus, it should be deemed that the implementation of the crime of quasi-rape has commenced. Accordingly, this part of the ground of appeal on different premise is rejected.

2. As to the remaining grounds of appeal

For the reasons indicated in its holding, the lower court convicted the Defendant of the facts charged on the ground that the Defendant attempted to have sexual intercourse with the victim by using the victim’s defectiveness or failure to resist, knowing that the victim constitutes a child or juvenile.

Examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence duly admitted, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the facts against the rules of evidence or by misapprehending

3. Conclusion

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-hee (Presiding Justice)