(영문) 춘천지방법원 강릉지원 2014.10.02 2014고합58

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자간(%)

(영문) 춘천지방법원 강릉지원 2014.10.02 2014고합58

강간상해

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2013, the Defendant discovered the victim E (the age of 53) (the age of 53) who was seated on the street in front of the DNA set in Gangnam-si C, Gangnam-si, and became aware that the victim was under the influence of alcohol by drinking the horses.

The Defendant put the two descendants into the victim's winter, caused the victim to spawn and spawn the victim, leaving the victim's spawn up to the road front of the same F Hospital, leaving the victim to the Helel G located in Gangseo-si G (hereinafter referred to as the "the instant cartel").

On December 11, 2013, at around 04:30, the Defendant: (a) saved the victim; (b) went into the instant 803 room (hereinafter “instant room”); and (c) went off the victim’s schos and clothes in a state of failing to resist under the influence of alcohol; and (d) attempted to have sexual intercourse with the victim, the Defendant was exempted from the entire clothes; and (c) attempted to have sexual intercourse with the victim.

Summary of Evidence

1. The date and time stated in the facts of crime committed by the Defendant in this Court, and some legal statement to the effect that the Defendant had entered the instant telecom with the drunk victim;

1. Each legal statement of witness E, I and J;

1. Image images of each crime prevention CCTV, and CCTV images of HMoel;

1. Determination on the assertion by the Defendant of the video CD and his defense counsel

1. The defendant and his defense counsel asserted that there was a fact that the defendant and his defense counsel entered the instant telecom with the victim on the date and time stated in the facts of crime, but they did not assault the victim or try to have sexual intercourse against the victim's will.

2. Comprehensively taking account of the evidence examined above, the following circumstances are acknowledged. In light of this, the victim's intent to engage in sexual intercourse with the victim under the influence of alcohol as stated in the facts constituting the crime in the judgment of the defendant, on the ground that the victim was under the influence of alcohol as stated in the judgment of the court below, and as such, the victim attempted to have sexual intercourse with the victim under the influence of alcohol.

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