(영문) 대전지방법원 천안지원 2019.05.29 2018고합269



A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

On May 7, 2018, the Defendant discovered at the entrance of the said club, at around 06:00 on May 7, 2018, when working as MD in Gangnam-gu Seoul, that the victim D (n, 20 years of age) went out of the above club and was in a remote distance, and she was placed on the part of the victim under “Embur” F in the vicinity, and tried to have sexual intercourse with the victim at around 06:40 on the same day, who was in a state of mental or physical disability or non-performance to resist, and was trying to have sexual intercourse with the victim who was in a state of mental or physical disability or non-performance to resist.

Recognizing the crime of attempted quasi-rape, which is included in the charged charge of quasi-rape, the criminal facts are recognized as above without changing the indictment to the extent that it is deemed that there is no hindrance to the defendant's defense.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Each request for appraisal;

1. Determination as to each CCTV CD video Defendant and defense counsel’s assertion

1. The gist of the assertion was that the victim entered the telecom and changed to the toilet at the time of the instant case.

온 후 술에서 깼다고 인식하였고, 피해자가 성관계를 가지기를 원하여 그 의사에 따라 성관계를 가지려고 하였으나 도중에 그만두었을 뿐, 피해자의 심신상실 상태를 이용하여 간음하려고 한 것은 아니라고 주장한다.

2. Under the Criminal Act, the crime of quasi-rape is established by having sexual intercourse with a person's mental or physical condition, taking advantage of the person's mental or physical condition to protect the sexual self-determination of the person who is unable to defend himself/herself.

In light of such legal interests and interests, the term “insane” referred to in the crime of quasi-rape refers to a state in which normal response ability and judgment ability cannot be exercised for one’s sexual act due to mental disorders, food disorders, etc.

In addition, Article 299 of the Criminal Code is a person.