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The judgment below
We reverse the part regarding rape.
Defendant shall be punished by a fine of KRW 1,000,000.
Defendant.
Reasons
1. The summary of the grounds for appeal (the factual error) states consistently that the victim made a statement that the victim had consistently committed rape and taken a dynamic image after assaulting or threatening the victim, and that the content corresponds to the facts charged in the instant case, the victim’s statement contains detailed and detailed descriptions of the fact of damage, and the victim’s photograph, etc. objectively supporting the victim’s statement, there is credibility in the victim’s statement that conforms to the facts charged in the instant case.
Nevertheless, the lower court erred by misapprehending the legal doctrine on all the facts charged.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
The prosecutor, while maintaining the facts charged for rape as the primary facts charged in this court, applied for the amendment of indictment by adding the applicable provisions to "crimes" as stated in Article 260 (1) of the Criminal Act, and applied for the amendment of indictment by adding them to the same contents as stated in the "crimes" as stated in the conjunctive facts charged. Since this court permitted it, the part of the judgment of the court below concerning rape in the judgment below cannot be maintained.
Despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake of facts is still subject to an adjudication by this court within the scope of the existing facts charged (violation of the Act on Special Cases concerning Rape and the Punishment, etc. of Sexual Crimes). It will be examined below.
3. Judgment on the prosecutor's assertion of mistake of facts concerning the existing facts charged
A. The following facts are acknowledged according to the facts admitted by the lower court and the evidence duly admitted and investigated by this court.
① From July 25, 2017, the Defendant and the victim began living together in the victim’s residence.
The Defendant worked in a beauty room in P.M. as a part-time worker.
The injured party shall most be on a usual day during which the accused lives together.