(영문) 광주지방법원 2015.01.30 2014고합300

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2015.01.30 2014고합300

준강간치상

Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On February 18, 2014, 02:07 Gwangju Mine-gu, the Defendant: (a) exempted the clothes of the victim F (hereinafter “victim, 20 years of age,” hereinafter “victim”; (b) was under the influence of alcohol at the “E” unmanned telecom 212 room located in the Gwangju Mine-gu, and (c) took the part of the victim’s chest and fry movement by inserting the victim’s chest and frying the Defendant’s chest into the part of the victim, thereby having sexual intercourse with the victim by taking advantage of the victim’s state of refusal to resist; and (d) caused injury to the victim, such as sexual intercourse and fluoral fluoral disease, etc. of the fluoral fluor.

Summary of Evidence

1. A statement to the effect that the defendant has sexual intercourse with the victim on the date and time set in this Act;

1. Each statement made by the witness F, G, or H to the effect that it is appropriate in this Court;

1. The statement in the report prepared by the National Scientific Investigative Research Institute, which conforms to the report;

1. Video works suitable for the video works, among the video works of the Ethye;

1. The result of a fact-finding inquiry into I by the court on the doctor of this Court;

1. The assertion of each defendant and defense counsel as stated in the judgment of the court and the judgment of this court, which are consistent with the part and degree of injury in the judgment of the court, among the opinion of the doctor against the victim prepared by J, and the general diagnosis of the victim prepared by I.

1. Summary of the assertion

A. At the time of the instant assertion that the victim was under the influence of alcohol and implied consent, the victim was not in the state of non-sane or non-opportune at the time of the instant allegation, and the victim did not indicate his intention of refusal at the singing room, and the victim did not explicitly consent to the sexual relationship, such as the victim’s sexual organ at the top of the female body, and putting himself into the part of the victim.

B. It cannot be readily concluded that there was no causal link between sexual intercourse and injury on the day of the instant case, and that the victim’s damage was caused on the day.

유사 판례

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