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(영문) 대구지방법원 서부지원 2015.08.27 2014고합215
강간상해
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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 June 5, 2014, around 23:15, the Defendant: (a) reported that the victim G (n, 27 years of age), a member of the same team, who works for the company accompanying the Defendant, entered the same team, was under the influence of alcohol and went into the male toilet; and (b) decided to rape the victim by entering the victim.

The Defendant entered the above toilets, opened the doors, pushed the victim's shoulder and breast, pushed the victim's shoulder and breast, contacted the wall by the victim's wall door, and tried to key the victim.

Accordingly, the victim was placed with a wall continuously by putting the victim's shoulder, the victim's face and neck, and the victim was frighted with a single hand while taking one hand.

The Defendant tried to rape the victim by getting the victim's sexual organ into contact with the victim's sexual organ, etc., when the victim was unable to know his/her resistance, but he/she attempted to commit rape, but he/she failed to take a wind outside the toilet, and thereby, she was flicked with a plekele that requires approximately two weeks of treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Each police officer's statement, recording record, recording, recording, recording, the victim's map, picture, fact-finding report, fact-finding statement, statement of accident, and written statement (Evidence No. 11 of the evidence list);

1. Details of criminal place, investigation intelligence report, medical record of the victims of sexual assault, internal investigation report (Attachment of evidentiary data, attachment of a statement of reference, Fsing room business statement, attachment of a photo verifying the site, attachment of photographs of the scene of the crime, photographs of the scene of the crime, etc. (Evidence No. 20, 22), text messages transmission data, written statements (Evidence No. 17 of the Evidence List), criminal investigation report (delivery of reference data), and Kakao Stockholm;

1. USB video;

1. The application of the law of diagnosis, photograph (Evidence No. 14) 1.

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