(영문) 서울동부지방법원 2016.04.21 2016고합4

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2016.04.21 2016고합4

성폭력범죄의처벌등에관한특례법위반(주거침입준강간)

Text

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

The defendant shall complete a sexual assault treatment program for 40 hours against the defendant.

Reasons

Punishment of the crime

On August 2, 2015, the Defendant: (a) discovered that the victim E (e.g., 17 years of age) who was accommodated in the her entrance was locked and was locked, and invaded into the above guest room, when entering the her arms room in Suwon-si, Suwon-si; (b) discovered that the victim E (e.g., 17 years of age) was locked without diving the guest room.

The Defendant, who is off his clothes and locked above, kidd up the victim's knife the knife the knife into the victim's knife, brue the knife the knife of the victim, knife the knife of the victim, and knife the knife in the part of the victim's panty.

The Defendant continued to leave the victim’s body and inserted his sexual organ into the sound book of the victim, but the victim resisted the victim’s sleep, and did not come into the wind to arrive at the victim’s body.

Accordingly, the Defendant attempted to have sexual intercourse with the victim by impairing the victim into the room possessed by the victim, using the victim's mental and physical loss or arbitrariable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement of the E police statement;

1. A summary statement of F and G;

1. On-site photographs and victim photographs;

1. Each investigation report, each 112 report processing table [the defendant and his defense counsel knew that they were under the influence of alcohol and that they only knew that they were influences, and that they did not have the intention of intrusion upon residence and quasi-rape;

The argument is asserted.

In this court, the victim and the investigative agency and the victim showed that "I am under diving, who am under being locked, is the same as drinking the chest, and the defendant was off the clothes, and only am under the chest and am under the supervision of the victim.

Therefore, as it goes against this, he tried to get off clothes from his body.

As stated in the judgment below.

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