(영문) 부산고등법원 2015.02.10 2014노458 | 리걸엔진

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(영문) 부산고등법원 2015.02.10 2014노458

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the statements of the victim in the summary of the grounds for appeal, the court below erred by misapprehending the facts and finding the defendant not guilty, even though the defendant attempted to have sexual intercourse with the victim and attempted to have sexual intercourse with the victim.

2. Determination

A. The additional prosecutor of the ancillary charge maintains the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is the primary prosecutor's office, for the first time in the trial, and maintains it as it is, Article 319 (1) of the Criminal Act 'B' and Article 319 (2) of the Criminal Act 'B' in the name of the preliminary crime.

C. (1) As seen in paragraph (1), an application for changes in indictment was filed to add each of the ancillary facts charged, and this Court permitted the application and added the subject of the judgment.

However, the prosecutor's argument of mistake of facts about the primary facts is still subject to the judgment of this court, so it will first be examined.

B. On May 6, 2013, at around 02:30 on May 6, 2013, the Defendant: (a) the victim E (the age of 22) who was inside the city while working as an employee in the Information Center for “Dmotour” located in Busan-gu Busan-gu, was found to have been married in the above telecom; and (b) the Defendant opened and intruded the text of the above 608, which was administered by the victim by using the spare heat stored in the 608 guest room.

The Defendant exceeded the above 608 entrance, and tried to have sexual intercourse with the body of the victim, who was frightened in the guest room with clothes 608 under the influence of alcohol, with the part of the shoulder of the victim. However, the victim did not have the intent to commit sound from diving.

As a result, the defendant invaded into the victim's maternity room, and was under the influence of alcohol, trying to have sexual intercourse with the victim who was not able to resist.

(2) The lower court’s judgment is practically a victim’s direct evidence that corresponds to the facts charged.

참조조문

-형법 제319조 제1항

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