beta
(영문) 대전지방법원 천안지원 2015.11.11 2015고합27

성폭력범죄의처벌등에관한특례법위반(강간등치상)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Criminal facts

The defendant is a person who resides in six floors among the C Apartments located in Seo-gu, Seoan-gu, Seoan-gu, and the victim D (one's name, half, and seventy-two years of age) is a person who resides in the same Dong with the higher level than the defendant.

On November 1, 2014, the Defendant boarded an elevator entering the residence at around 16:03, when the victim had a room for rice, boarded the said elevator while towing the room, and the Defendant divided the six-story pressing corresponding to the Defendant’s residence, and the victim divided the victim’s floor corresponding to the victim’s residence. Despite having been opened from the six-story, the Defendant did not get out of his place of residence without leaving a room, and the victim was misunderstanding that he arrived at the victim’s residence floor, and that he did not have arrived at it again.

Since then, after the elevator arrived at the residence of the victim, the victim was able to see the body of the victim, and the defendant was able to see the body of the elevator, and the defendant was followed immediately.

The Defendant, in front of the victim’s office room at the same time, used the gap in which the victim was unable to open the door after opening the door, and invaded the victim’s house into the victim’s house, and obstructed the victim’s “water.” The Defendant forced the victim into force for about 30 minutes, when the victim intending to open the door “as soon as possible” while drinking the water with the water, and opened the door, and intending to see the victim’s face. In addition, the Defendant intending to see the victim’s body with the victim’s body in front of the victim’s body, and see the victim’s body in front of the victim’s body, and see the victim’s body in front of the victim’s body.

Summary of Evidence

1. The defendant's partial statement in the first trial record;

1. Witness D and E’s each legal statement; 1. Defendant of the suspect interrogation protocol (part) against the Defendant.