(영문) 청주지방법원 2013.10.22 2013고합150

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(영문) 청주지방법원 2013.10.22 2013고합150

강간치상

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On September 11, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Daegu District Court Kimcheon Branch on September 11, 2009, and completed the execution of the sentence in the Port Prison on February 19, 2011.

At around 23:30 on July 12, 2013, the Defendant called the victim E (nive, 42 years of age) to drink the alcohol and, at around 04:00 on the following day, she was on board the victim's house at around 04:0.

On July 13, 2013, at around 04:50, the Defendant: (a) laid off the victim in the vicinity of the national highways located in the G, Haju-si, with his mind to rape the victim; (b) laid off the victim, forced him to do so; and (c) tried to rape the victim.

However, when the victim speaks that he would get off the above vehicle and report it to the police, the defendant told the victim that "I will not see any CCTV, die, and throw away the victim's cell phone, and 10 times the inside part of the victim's inner part, etc. is 10 times the victim's inner part, and assault the victim by spreading it.

After that, the defendant was trying to flee by driving a vehicle without having been able to commit rape, such as having the victim get a criminal defendant's seat, but the defendant got 10 meters away from the door of the vehicle when the victim gets a vehicle door and prevented the defendant from attempting to flee.

As a result, the Defendant committed a 14-day treatment to the victim, such as an inner spambling room, both sides spambling room, etc.

2. At the time of the summary of the Defendant’s and his defense counsel’s assertion, the Defendant was making it difficult for the Defendant to drive a vehicle due to a large amount of breath and under the influence of alcohol, and the Defendant only driven the vehicle on the side of the road that the Defendant attempted to rape the victim.

However, the victim of the vehicle who the defendant tried to set up the vehicle is two descendants.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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