(영문) 춘천지방법원 강릉지원 2015.06.04 2015고합9

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 강릉지원 2015.06.04 2015고합9

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is in a de facto marital relationship with E, and the victim F (V, 59 years old) is the mother of the above E, and the defendant is in a de facto marital relationship with the victim.

On November 27, 2014, the Defendant: (a) 01:30 on November 27, 2014, when she was going to work at the new wall, entered the ward through a main visit that was not corrected for the victim’s house located in Gangseo-si, Gangnam-si; (b) discovered the victim who was locked from the room; and (c) attempted to have sexual intercourse with the victim by getting out of the victim’s bar and panty typty typ in the body of the victim who was unable to resist due to a sudden desire to do so; (d) however, the Defendant attempted to have sexual intercourse with the victim by getting out of the body of the victim who was in the state of her ability to resist due to a sudden desire. However, if the victim was unable to get out of the wall with his/her hands, he/she did not have the intention to see “I” and she did not have attempted to do so.

Accordingly, the defendant tried to have sexual intercourse with a victim who is virtually unable to resist, but was attempted to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Statement to the effect that the defendant has exceeded the victim's inquiry at the time and place of the ruling in the police interrogation protocol against the defendant;

1. The prosecutor's statement to the F and the police's statement;

1. On-site photographs, the defendant and his defense counsel asserted that at the time the defendant entered the victim's house to obtain and drink water from the victim, and he did not go out of the victim's will and panty to engage in sexual intercourse only with the victim's body.

(1) However, the victim’s investigative agencies and legal statements are consistent and very concrete regarding the background and content of the facts charged in the instant case.

The above statements made by the victim are consistent with H’s investigative agencies and legal statements immediately after the instant case, and are also consistent with the victim’s statement.

유사 판례

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-전주지방법원 2013.06.13 2012고합369

-대전지방법원 2020.09.18 2020고합189