(영문) 수원지방법원 2013.08.20 2013고합335

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(영문) 수원지방법원 2013.08.20 2013고합335

아동ㆍ청소년의성보호에관한법률위반(강간)

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A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

(e).

Reasons

Punishment of the crime

Around 02:30 on April 20, 2013, the Defendant returned home to the Defendant’s home located at 119 dong 2001, the Defendant left home at the Defendant’s home, which was under the influence of alcohol, and the victim E (the 13-year old age) was able to do so on the floor of the living room, and the Defendant reported that he was able to do so, and she was able to take the Defendant’s her chest into the victim’s clothes, and she was able to take the victim’s her arms from the play knife, and she was able to take out the visit.

The Defendant forced the victim to be placed on the bed on the bed, and threatened the victim with a sound and resistance “non-to-be”, thereby suppressing the victim’s resistance, and forced the victim to be off from all the lower part of the victim, and sexual intercourse with the victim once, thereby committing rape.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Determination on the victim’s statement video CDs Defendant and defense counsel’s assertion

1. Summary of the assertion

A. As stated in the facts of the crime in the judgment of the defendant, although the defendant thought the victim as the front wife, stated the victim's finger in the ward's clothes, delivered the fingers into the victim's clothes, led the victim's arms and legs to the inner part, and led the victim's chests and legs to the inner part, it is not true that the victim raped.

B. At the time of the instant crime, the Defendant was in a state of mental disability, such as being drunk and unable to properly memory.

2. Determination

A. The following circumstances are acknowledged by the evidence duly adopted and investigated by the court of this case regarding whether the defendant went to rape. (1) At the time of the police investigation, the victim was exempted from the part of the victim's sexual organ by putting the victim's chest who was living in the defendant's house at the time stated in the judgment of the court, leading the victim's arms, leading the victim's arms to the be on the be on the be on the be on the be on the be on the be on the be on the be on the be on the be on the be on the part of the victim.

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