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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts) is as follows: (a) if a person finds it difficult to take the body of a person under the influence of alcohol, it is general to report to the police and help the victim or to know his/her will or his/her family members, etc.; (b) in light of the fact that the Defendant, without taking the above measures at the time of the instant case, leads the victim to the telecoming with the victim, and had the same power as the Defendant had kidnapped the victim
must be viewed.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court determined that the evidence submitted by the prosecutor alone proves that the Defendant had sexual intercourse purpose without reasonable doubt.
It is difficult to see
In addition, the charges of this case were acquitted.
(1) From the time when the defendant was deprived of the victim and went out of the train, there is no circumstance that the defendant sexually committed or attempted to commit any sexual act against the victim while the victim was absent from the telecom.
(2) The Defendant has paid taxi charges and cartels with his/her own credit card, which is inconsistent with the situation where a person who intends to normally commit a crime, such as sexual intercourse, intends to conceal his/her status by using cash.
③ The Defendant’s sexual intercourse purpose may not be deemed to have been inferred solely on the ground that the Defendant took the victim and went to the telecom.
④ In other words, there is no explanation to the effect that the Defendant was living in the guest room for a short time after the Defendant entered the guest room with the victim, namely, that the Defendant paid the telecom costs, so that the Defendant was informed of contact details of the Defendant along with the fact and left the guest room to obtain contact information of the victim, and that the Defendant remains in the guest room.
(5) The defendant is forced to leave the F station which is his/her own purpose, from the D station, which is a subordinate station.