beta
(영문) 대구지방법원 2016.10.07 2016고합228

강제추행치상등

Text

Defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

From July 2015, the Defendant living together with the victim C (n, 22 years of age), and the victim was dissatisfied with the defect complaint.

1. Around 02:30 on March 30, 2016, the Defendant, at the victim’s house located in Daegu Suwon-gu D, 2016, committed assault against the victim by placing the victim at a bed, placed on the bed, placed the victim’s body on the bed, placed the victim’s body on the bed, and then cut down the victim’s neck on his hand.

2. At around 22:00 on April 14, 2016, the Defendant had sexual intercourse once by inserting his sexual organ into the sound part of the victim, which is still frightening, and inserting his own sexual organ into the sound part of the victim’s body, with the victim’s humbling of humf with her humf and with the victim’s humf’s humf with his humf’s humf with his humf’s humf’s humf with his humf’s humb.

In the facts charged, each crime is described as concurrent crimes.

However, each crime occurred against the same victim at the same time and at the same place, and there is a very close relationship between time (the victim has come to the first sex relationship in this court, and the first sex relationship has been terminated, and the defendant stated that he was placed on a bar, which has been forced, and that he had sexual intercourse.). Considering the fact that the victim continued to have been unable to resist due to violence and threat, and that each crime committed by the defendant did not take other actions, it seems that each rape has continued in the same criminal intent of the defendant.

Therefore, each crime is considered to be a single rape.

Accordingly, the Defendant raped the victim.

3. On April 21, 2016, the Defendant: (a) the victim’s body was met at the victim’s home at around 19:30 on April 21, 2016; (b) however, the victim, who did not refuse to do so, attempted to teach the part of the victim’s body by hand.

This is hot.