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(영문) 대구지방법원 2016.06.17 2016고합114

강간치상등

Text

A defendant shall be punished by imprisonment for five years.

The request for the attachment order of this case is dismissed.

Reasons

Punishment of the crime

1. On February 20, 2016, the Defendant forced indecent act committed an indecent act with the victim D (inns, 27 years of age) who had drinking together with the victim, etc., at the house of the victim D (inns, 27 years of age) in the Glang-gun C, around 22:00, committed an indecent act with the victim.

The Defendant, according to the victim, sent the door to the victim, brought the victim on his own hand from behind the victim, and kids on the back, and forced the victim to commit an indecent act.

2. On February 21, 2016, the Defendant: (a) at the victim’s house around 17:00 on February 21, 2016, sentenced the victim to an indecent act by force; (b) but (c) the victim refused such act; (d) the Defendant was able to rape the victim.

The Defendant, by hand, laid the victim over the floor of the floor by pushing the victim, and laid down the victim's body above the victim's face and put it up in the following face.

In addition, the Defendant, by hand, led the victim, lying the victim on the wall, was placed on the victim's body, and tried to get off the victim's clothes by hand.

However, when the injured party gets clothes of the defendant and resists, the defendant saw his sexual organ into the part of the injured party, brought the injured party's hand to the Defendant's sexual organ, and brought the injured party's hand back to the Defendant's sexual organ, and the injured party continuously resisted the injured party's resistance by granting the injured party's neck to the left part and preventing him from moving.

The defendant, as soon as possible, tried to capture the victim's face and bucks, buckbucks, breasts, and rape by gathering the victim's hand under Titts.

However, when the victim was sculed, the defendant was unable to commit the crime by voluntarily stopping it.

As a result, the defendant tried to rape the victim, but did so, and during that process, the victim was unable to know the number of days of treatment, and the victim suffered scambling spons and left-hand spons, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Photographs attached to the investigation report (Evidence No. 11);

1. A victim;