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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault...
Reasons
1. The summary of the grounds for appeal is that the defendant and the respondent for an order to attach an electronic device (hereinafter “the defendant”) have consistently failed to resist the victim under the influence of interference and alcohol, and the victim does not have sexual intercourse in a narrow room, and it is reasonable to view that the defendant's possession of one arms in order to have sexual intercourse with the victim first and taking advantage of the body of the victim constitutes assault and threat in the crime of rape, in the event that the defendant and the respondent for an order to attach an electronic device (hereinafter “the defendant”) are placed on the part of the victim from the investigative agency to the court.
Therefore, although the facts charged of this case are fully convicted, the court below rendered a acquittal on the ground that it is difficult to conclude that the defendant raped the victim. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. Determination:
A. On February 22, 2013, at around 03:00, the Defendant, at the time of the instant facts charged, she saw and accessed the victim C (the age of 18) who was walking on the alley-gu in Daegu, Jung-gu, 2013, and then she would drink with the victim while drinking together with the victim at the nearby drinking house and bring the victim to the house of the victim. At around 06:00 on the same day, the Defendant arrived at the victim’s house located in Daegu, Seo-gu, Daegu, and Seo-gu., at around 06:00 on the same day. The Defendant taken the victim under the influence of alcohol at the home of the said victim, was unable to get off the victim’s two arms, and she took sexual intercourse with the victim, and she took one time off the part of the victim’s lower judgment, and she was unable to memory the victim at the time of the instant crime, only one of the following circumstances acknowledged by the lower court’s oral proceedings and records.