성폭력범죄의처벌등에관한특례법위반(강간등치상)
A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
On August 22, 2017, the Defendant, at around 15:40 on August 2, 2017, sent a female to outside of the club on the ground that he was drunked by “D” clubs located in Yongsan-gu Seoul, Yongsan-gu, Seoul (hereinafter 43 years of age), and later went out of the club on the same day, he discovered the said victim, brought a dispute again with his female again, and tried to meet his sexual desire against the victim.
The Defendant, from 16:08 to 17:30 on the rooftop of the instant “D” club from 16:08 to 17:30 on the same day, told the victim “I Ra.” on one occasion, was rejected by the victim, was placed on the victim’s face, body, etc., and tried to get off panty by her own drinking on the floor of the victim’s face, body, etc., and was trying to get off from the panty, and the victim was deprived of the panty, who was on the side and was in the vicinity of the beer’s disease, and she was frighted to the victim, and then she was frighted to the victim,
As the victim's resistance was attempted to rape by suppressing the victim's resistance, such as cutting down the female's trees by hand, but failed to be added, three fingers were added to the victim's negative part.
As a result, the defendant tried to rape by suppressing the victim's resistance while carrying dangerous objects, but did not bring about the victim's resistance, and caused the victim to suffer the victim's failure to do so due to the victim's resistance, such as the blood transfusion and the body of the victim, such as the number of days of treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police for E;
1. E statements;
1. Investigation report (on-site CCTV, etc.), investigation report (on-site holding office and statement of victim);
1. Written consent of victims of sexual assault, medical records, and response to appraisal;
1. Determination as to the defendant and defense counsel's assertion of on-site photographs and documentary evidence taken by each victim
1. Summary of the assertion
A. The Defendant was merely the victim, who was in the direction other than the victim.