(영문) 수원지방법원 평택지원 2020.01.10 2019고합129

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Reasons

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글꼴

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줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2020.01.10 2019고합129

준강간미수등

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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

1. The Defendant is a member of a mountain association such as the victim B (math, 51).

At around 18:00 on March 10, 2019, the Defendant, along with the victim and the members of the said mountain conference, drinked the alcohol to the residence of the victim in the same Gu E, around 21:00 on the same day.

At around 22:30 on the same day, the Defendant: (a) placed the victim, who was dumped by drinking alcohol, on a bed, with a bed from the bed; (b) placed the victim’s upper and panty, walked the victim’s upper and panty; (c) laid off the victim’s chest and panty; and (d) continued inserting the victim’s sexual flag into the part of the victim, but did not come out.

In this regard, the Defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of non-fluence or non-fluence.

2. Around March 10, 2019, the Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), failed to engage in sexual intercourse with the said victim at the same place as the preceding paragraph, and took a video image of the Defendant’s smartphone, citing the Defendant’s smartphone in the Defendant’s hands, using the camera function, and taking the victim’s ambry and part, etc., using that camera function, taken the victim’s ambry and part, and taken the victim’s chests and part, and taken the victim’s legs and part, on several occasions, after continuously putting the victim’s ambry from equally laying the victim’s bridge.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

3. A quasi-indecent act by compulsion was committed by the Defendant by taking the body of the victim as stated in Paragraph 2 at the time and place, and the body of the victim was taken by the Defendant’s left hand.

In this regard, the defendant forced the victim to use the victim's mental health or impossible condition.

유사 판례

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-부산지방법원 2014.01.10 2013고합681

-서울서부지방법원 2019.02.12 2018고합295

-전주지방법원 2019.06.19 2018고단2450

-춘천지방법원 원주지원 2021.04.23 2020고단1048