2020No209 Quasi-rape

A

Prosecutor

The prosecution, Kim Sung-hwan (Public trial)

Attorneys Kim Jong-ok (Korean National Assembly Line)

Seoul Central District Court Decision 2019Gohap177 Decided January 20, 2020

May 8, 2020

The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal;

Although the victim was under the influence of alcohol at the time of the sex relationship, he was not guilty of the judgment of the court below that found the Defendant not guilty.

2. Determination

The lower court determined that: (a) in CCTV images taken by the Defendant and the victim at a club for about twenty minutes, the victim took the Defendant’s hand and walked; (b) the victim continues to walked from the Defendant’s side or walked following the Defendant; (c) the Defendant’s operation of the cell phone continuously during the walk; and (d) the victim’s appearance naturally entered the telecoming room; (b) the victim did not confirm whether he was under the influence of alcohol or was under the influence of the Defendant’s body; (b) the victim was able to look back from 05:40 to 05:54; (c) the victim and the victim did not refuse to stop to resist; (d) the victim did not have sexual intercourse with the Defendant at the time of this case’s refusal to resist; and (d) the victim did not appear to have been aware of the circumstances that it was difficult for the victim to request the victim to have sexual intercourse with the Defendant at the time of this case’s mental disorder or to resist the victim’s body before and after the victim’s interview.

Examining the evidence lawfully examined by the court below in light of the legal principles of the court below, the above judgment of the court below is justified, and there is no error of mistake of facts as argued by the prosecutor.

3. Conclusion

Since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

The presiding judge, judges and assistant officers;

Judges Lee Jae-chul

Judges Lee Byung-hee