(영문) 서울서부지방법원 2014.01.16 2013고합408

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2014.01.16 2013고합408

강간치상

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an oral store employee.

On October 15, 2013, from around 21:00 to around 00:27 of the following day, the Defendant 5, including the victim D (the victim D, 24 years of age), who is an employee of the above department store, and met in sequence at the above department store-based class office and the above department store-based office of “E” and “F” unit, and went out of the taxi by sending the victim under the influence of alcohol to the taxi, and was able to commit rape.

On October 16, 2013, at around 00:27, the Defendant forced the victim from “H” way located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to enter, and forced the victim to take the victim’s back, with the stairs of “H I” and the first floor above the floor of “H”, and prevented the victim from resisting the victim’s head at one time by going back on the victim’s body and going up on the victim’s body, and then, the Defendant cut off the victim’s pathy by raising the victim’s pathy above, cut down the ma, cut off the victim’s panty, talked by inserting the finger, putting the finger by panty, and talking the victim into the hands, and cut the victim’s chest by hand.

The Defendant continued to escape several times on the floor so that the victim can not be separated from the victim by putting the victim on the floor, leaving the panty and panty, leaving the victim's chest by hand, panty, milching the victim's chest by inserting the victim's panty, and committing rape by inserting the victim's sexual organ into the negative part of the victim's body, but the victim attempted to have his panty and pushed the victim's body, and attempted to escape.

As a result, the defendant tried to rape the victim, but he did so, and in the process, the victim suffered the right pelbucks, bucks, and all the left spucks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim made to D prepared by the police;

1. Statement of a witness in preparation of the J;

1. An error in the investigation report (to attachCCTV video CDs) and the CCTV recording time for investigation reports.

유사 판례

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-서울동부지방법원 2015.03.26 2014고합367

-대전지방법원 천안지원 2020.02.12 2019고합153