(영문) 서울동부지방법원 2015.09.03 2015고합178

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2015.09.03 2015고합178

강간치상

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 8, 2015, at around 00:10, the Defendant discovered the victim D (at around 26 years of age) coming from the road located in Gwangjin-gu Seoul Special Metropolitan City, and tried to rape the victim, and examined whether there are people in the surrounding areas, and subsequently, prevented the victim from breaking the victim's voice by covering the victim's back with his/her back, preventing him/her from sounding the sound by his/her hand, and overing the victim's resistance in the future, the victim's chests the victim's chest by his/her hand, kising the victim's finger by walking the victim's finger, and intending to have sexual intercourse with the victim by gathering his/her finger inside the victim's panty line, and the victim did not see the victim's heart by leaving his/her body with his/her sound, and by leaving the Defendant's left body and walking the Defendant's body with his/her back, and did not see the Defendant's resistance.

As a result, the defendant tried to rape the victim, and caused the victim to scam in the unclaimed days of treatment, and caused the victim to scambucks, bucks, scambucks and scams, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to hear victim's statements) and telephone recording CDs;

1. Reports on internal investigation, and photographs of the injured part of each victim;

1. The defendant and his defense counsel asserted that the defendant was in a state of mental disability by stating that at the time when the crime was committed, the investigation report(CCTV video recording data is accompanied), the scene, and CCTV storage CD for the escape route, the internal investigation (field investigation, CCTV investigation, etc.), and the defendant and his defense counsel's assertion that the defendant was in a state of mental disability and injury.

According to the above evidence, it is recognized that the defendant had her drinking at the time of committing the crime, but in light of various circumstances such as the background, means, and the defendant's behavior before and after the crime, the defendant has the ability or will to discern things under the influence of alcohol at the time of committing the crime.

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