(영문) 서울고등법원 2014.08.22 2014노1456 | 리걸엔진

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줄 간격

자간(%)

(영문) 서울고등법원 2014.08.22 2014노1456

준강간

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding or misapprehension of legal principle) is based on the evidence, such as the victim’s specific statement, and it is acknowledged that the victim was in a state of mental or physical disability or inability to resist due to alcohol, the lower court determined the Defendant not guilty by misapprehending the legal doctrine.

2. Determination

A. On July 25, 2013, the Defendant, around 21:00, 10 members of the company, including the Victim C (Inn, 23 years of age, hereinafter “victims”) were stuffed in E-cafeterias located in Sungnam-si, Sungnam-si, where 10 members of the company, including the Victim C (inn, 23 years of age, hereinafter “victim”).

The defendant completed the first ceremony at a restaurant, and completed the second ceremony at the Fhop in the second cafeteria, and drinks with the victim and the company fees at around 23:00 on the same day.

At around 23:20 on the same day, the Defendant: (a) smoked with the victim while smoking, discovered that the victim was drunk; and (b) moved the victim to the Hmotoel 206 room in Sungnam-gu G in Sungnam-gu.

The Defendant, in the Moel room, she was off from the panty of the victim, who was unable to resist due to alcohol while being able to do so, with the victim’s mind in the toilet and without the mind, and raped by sexual intercourse.

B. The lower court determined that the Defendant sent a Kakao message to the effect that: (a) the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court are: (b) the victim did not have a large amount of drinking on the day of the instant case; (c) the victim stated in the lower court’s court and the investigative agency that “the process and gender relationship was not memoryed at all up to the motel; and (d) the victim was out of the baroooo message to the effect that “the victim was in a state where she was on the her chest,” and that “the her he was out of the barbed,” and (c) the Defendant sent the victim the message to the effect that “the victim is still in progress” after the instant case; and (d) the Defendant and the victim were only exchanged to the degree of personnel as a workplace rent, and that there was a flu

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