(영문) 서울동부지방법원 2015.10.15 2015고합170

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2015.10.15 2015고합170

유사강간

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On October 23, 2014, the Defendant was sentenced to a suspended sentence of three years in the Seoul Eastern District Court on two years and six months, and the judgment became final and conclusive on October 31, 2014.

【Criminal Facts】

At around 23:30 on October 19, 2014, the Defendant: (a) admitted to the same group of “Diveel” located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu; (b) refused damage; (c) the chest of the victim E (a) who became aware of in the course of joining the same group of “Dive Network Services”; and (d) rejected the damage; (b) prevented the victim from resisting against the victim by being booming the victim’s sexual intercourse; and (c) caused the victim’s injury to his/her own entrance; and (d) prevented him/her from harming the victim by spreading the victim’s sexual intercourse, thereby committing similar rape.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The police statement of E;

1. The Domo CCTV screen CD, investigation report (faly video-shield): the capture of the telephone, the internal photograph of the telecom, the Defendant’s photograph, the Facebook, and the Kakao Stockholm message;

1. Previous convictions: Criminal records and other references, investigation reports (Attachment to previous records and written judgments, etc.), the defendant and his defense counsel asserted that although the defendant has taken the victim's entrance at the time of the instant case, it does not constitute any fact of similar rape, such as facts charged.

The victim, as stated in its reasoning from the police to this court, tried to contact with the victim by committing an indecent act against the victim and committing similar rape, the method and overall process of the crime of the defendant, i.e., the defendant's attempt to contact with the victim when the victim was in contact with the victim, and the victim could not have been transferred to the victim. After that, the defendant could have taken advantage of the chest of the victim who was in contact with the sect, and refused it, the victim was the victim's suffering and the victim was the victim's suffering.

유사 판례

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