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The prosecutor's appeal is dismissed.
Reasons
1. In light of the consistent statement of the grounds for appeal (misunderstanding of facts), each statement of the workplace staff members present at the meeting on the day of the instant crime, and the victim’s message such as Q et al., it is sufficiently recognized that the victim was physically and mentally deprived or unable to resist under the influence of alcohol at the time of the instant crime.
Nevertheless, the court below held that the victim was in a state of mental and physical loss or arbitrariability at the time of committing the crime of this case, or that the defendant had the intent
It is difficult to see
Since the judgment of the court below acquitted the defendant, it is erroneous in the misapprehension of facts and affected the conclusion of the judgment.
2. In light of various circumstances acknowledged by the evidence submitted by the prosecutor, the lower court held that the Defendant was suspected of not having committed rape against the victim under the influence of alcohol as stated in the facts charged, but, on the other hand, found by the evidence duly admitted and investigated, the following circumstances acknowledged by the evidence: (a) 1) intermittent memory of the victim’s sexual intercourse between the victim and the victim’s sexual intercourse; and (b) the victim’s sexual intercourse between the police officer and the police officer called to the scene at the scene at the expense of the time when the victim moved to the telecom; and (c) 2) the victim’s sexual intercourse with the taxi officer and the CCTV image installed in the telecom, etc. at the time of the victim’s physical and mental loss or resistance.
It is difficult to readily conclude that the victim’s speech at the time of sexual intercourse is about the victim of rape, and the victim’s speech and behavior immediately after sexual intercourse with the Defendant and the victim can be seen as an act of the perpetrator and the victim immediately after sexual assault was committed, and the victim’s statement or Q message to the effect that the victim was under the influence of alcohol at the time of the crime of this case.