(영문) 광주지방법원 2013.06.27 2012고합1329

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(영문) 광주지방법원 2013.06.27 2012고합1329

강간치상

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 29, 2012, around 23:30 on June 29, 2012, the Defendant drinked the Victim E (the age of 20) (the age of 20) from the Dju located in Gwangju-gu, Nam-gu, Gwangju-gu through the smartphone hosting c, and went to the “Gel” located in Gwangju-gu F with the victim.

At around 02:00 on June 30, 2012, the Defendant: (a) pushed the victim over 207 room; (b) pushed the victim’s body; (c) laid down the victim’s body with the victim’s body; and (d) took the victim’s body; and (e) took the victim’s body at one time with the victim’s head’s hand and pressure the victim’s resistance.

In addition, the defendant met the chest of the victim by raising the clothes of the victim, and prompted the chest of the victim.

Therefore, when the victim saw against the defendant's sexual organ, the defendant took the face and head of the victim's hair.

As a result, the Defendant attempted to rape the victim by suppressing the victim's resistance. However, the Defendant resisting the victim's sound, etc., and did not bring about the escape out of the Republic of Korea, but did not bring about the wind, and suffered injury to the victim in the process of taking approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (No. 8 and 16 No. 16);

1. A response to the request for appraisal and a written appraisal;

1. A photograph, such as the victim's face, and CCTV data closure at the time of damage;

1. Determination as to the Defendant and defense counsel’s assertion of a medical certificate, certificate of hospitalization, medical record book, and emergency center record book

1. The gist of the claim is that the Defendant did not exercise the tangible power to suppress the victim’s resistance with the intent to rape, and that the victim’s statement is not consistent and is not believed to be inconsistent.

The degree of injury suffered by a victim is extremely minor and does not constitute injury resulting from rape.

2. Determination

(a)competences based on each evidence adopted and investigated by this Court as to the intent to rape, assault, or assault;

유사 판례

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