(영문) 제주지방법원 2017.08.10 2017고합45

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2017.08.10 2017고합45

성폭력범죄의처벌등에관한특례법위반(장애인강간)

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On November 25, 2016, 16:00, the Defendant: (a) requested the victim D (the 63-year old) (the 63-year-old) who, as a person with a disability in the third degree of disability, failed to use the left and the left side bridge properly; and (b) requested the victim D (the 63-year-old age), who was in charge of the Defendant’s bridge, was tightly pushed the victim’s chest back to the victim’s body; (c) was tightly pushed the victim’s chest, which was revealed by putting the victim’s pursuant to the other victim’s lock; and (d) the Defendant continued to commit rape with the victim’s will and panty, but the Defendant did not commit an attempted crime without having the victim resisted.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. A written protocol concerning the examination of suspect against each of the accused by the prosecution (including parts concerning the examination of suspect in D);

1. Statement made by the police for E;

1. Each investigation report [the person under investigation who was suffering from the crime at the time of the crime];

panty-specific / Victim's status-related decisions attached thereto)

1. Each statement of D contained in each victim's statement recorded in the video CD;

1. Recording records;

1. The defendant's assertion of the disabled person's certificate is arguing that, while he was aware of the victim's awareness from the victim at the time, the defendant prompted the victim's chest and proposed the victim's sexual intercourse with his consent, but only refused it, and that he did not commit rape against the victim's will.

However, the victim’s statements constituting direct evidence in the instant case are not consistent with the developments and flow of the case, but are consistent, specific and consistent to the investigation agency to the present court, and immediately after the instant case, the victim’s statements constituting direct evidence are consistent with E’s consistent statements that witnessed on the scene, even though they are not consistent with the developments and flow of the case;

The victim should make a false statement about his own damage.

유사 판례

-광주고등법원 (제주) 2017.10.18 2017노52

-서울중앙지방법원 2016.01.29 2015고합1076

-의정부지방법원 2018.09.07 2018고단1370

-청주지방법원 2018.05.18 2017고합250

-울산지방법원 2013.02.01 2012고합482