(영문) 대구지방법원 경주지원 2018.10.25 2018고합57

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 경주지원 2018.10.25 2018고합57

강간치상

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 7, 2018, the Defendant: (a) was engaged in fishing in D located in Ulsan-gun, Ulsan-gun; (b) was aware of the victim E (the life, the age of 25) and the victim’s male-child relationship with the said place; (c) was promised to set up the fishing together; (d) around 14:30 on July 7, 2018, the Defendant came to fish from the G-si, Ulsan-si, Kimhae-si, to H in the racing G.

The defendant drinks alcoholic beverages to the victim and the male-child group of the victim in a H vacantter around 17:30 on the same day.

After making a proposal, the male-parent body of the victim breath in around 20:00 on the same day, breathing the alcohol as her own vehicle, and continuously drinking the alcohol with the victim, and around 23:45 on the same day 23:45 on the same day, the victim dumpeded the victim to rape in order to see the dump.

At around 23:50 on the same day, the Defendant: (a) was parked on the side of the Defendant’s Ione Starsch Rexroth Vehicle parked in the said factory; (b) took the part of the victim’s neck and chest strongly from behind the victim’s side to the victim; (c) led the victim who has lost his mind at the time; (d) led the victim to the victim who has lost his mind at the time; (e) went off the victim’s body; (e) went off the victim’s load and panty; and (e) went off the victim’s body after getting off the victim’s load and panty; and (e) the victim who had the mind of this, went off the victim’s body.

In refusing “the victim’s body strongly takes the victim’s body and prevented the victim from resisting,” and subsequently raped the victim by inserting his sexual organ into the part of the victim’s body.

As a result, the Defendant raped the victim, and thereby caused injury to the victim, such as buckbucks, which require treatment for not less than six months and severe stress that requires treatment for not less than six months.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to E and J;

1. A gene appraisal report;

1. A medical certificate;

1. The injured party;

유사 판례

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-울산지방법원 2016.09.22 2016고단2095

-의정부지방법원 2017.05.02 2016고합318