(영문) 부산지방법원 동부지원 2017.10.17 2017고합147

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2017.10.17 2017고합147

강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On May 10, 2017, the Defendant, at around 00:15, sent alcohol to the victim D (n, 25 years of age) and F main points located in Busan Shipping Daegu E, and then moved to the house of the victim in the same Dong as the victim, who was under the influence of alcohol at around 04:00 on the same day.

The defendant is in front of the victim's house, and "the sericultural person shall report only to him."

"At the time of entering the house", the victim had been able to rape the victim by neglecting his body and her clothes without being accumulated in the drinking room, and neglecting the body on the bed.

The Defendant, while drunk, forced the victim's clothes that could not resist properly, exceeded the clothes of the victim, and attempted to look back the part of the victim's body by drinking the victim's her hand, and to punish the bridge, and even though the victim was able to gather the two legs and to display his refusal, the victimized person was forced to force the victim's body and inserted the sex into the part of the victim's body.

The Defendant continued to show old soil symptoms and to see the victim in toilets, followed by the victim, etc., the victim et al., were sponsed, forced the victim to her her tamp, forced the victim to put his her her tamp, put his her finger into a negative part, and inserted his her finger into a sexual organ.

Then, the defendant refused the victim's request to return to the house, "...." and made the victim's fingers by bringing the victim's hand into the victim's sexual organ, and when the victim is pushed and resisted against the defendant, the defendant shows that "infinal rape is displayed."

“Influence,” the victim’s face and body cannot be hidden by covering the victim’s face and body, and the victim needs to be unsatisfed, and the victim shows the appearance before the inside.

“Influently forced the victim to commit a self-defense act.”

In this respect, the defendant suppresss the victim's resistance and forced sexual intercourse with the victim.

유사 판례

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-춘천지방법원 원주지원 2014.09.25 2014고합38

-대구지방법원서부지원 2020.09.10 2020고합137