(영문) 인천지방법원 2017.02.03 2015고합763

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(영문) 인천지방법원 2017.02.03 2015고합763

준유사강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On May 6, 2015, the Defendant became a victim (n, 23 years of age) through C around May 6, 2015.

At around 02:30 on May 10, 2015, the Defendant promised not to have sexual contact with the victim who was saved and saved, and saved from the house, and entered the E Innives 201 located in Nam-gu, Incheon, Nam-gu.

Nevertheless, the defendant, using the cres of the victim, put the cres of the victim into the clothes in which the victim suffered the cres and inserted the cres in the cres of the victim's negative part.

As a result, the Defendant used the victim's mental or physical loss or the state of impossibility of resistance to commit similar rape.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against the victim;

1. Application of the Acts and subordinate statutes to photographs by cutting down a pen of the telecom structure, suspect F photographics and trade name F, mutual exchanges of FF details, and capturing them;

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Determination on the assertion by the Defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The gist of the argument was that the victim was physically and mentally deprived or was unable to resist because the victim was shouldered at the time of committing the instant crime.

shall not be deemed to exist.

In addition, in the process of gathering the body of the victim naturally with the victim, the defendant is limited to the part of the victim's body, and there is no mentioning the loss in the part of the victim's body.

2. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, the fact that the victim was physically and mentally lost or arbitible at the time of committing the instant crime, and the Defendant inserted the victim’s fingers into the victim’s negative part by using the victim’s physical and mental loss or arbitrariable condition.

Therefore, the defendant and his defense counsel are not accepted.

(1) A victim shall be deemed to be a victim at an investigative agency.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-형법 제297조의2

-형법 제299조

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