A defendant shall be punished by imprisonment for four years.

Punishment of the crime

피고인은 2016. 5. 21. 07:00 경 서울 용산구 C에 있는 피고인의 집에서, 당일 클럽에서 처음 만난 피해자 D( 가명, 여, 21세) 와 피해자의 일행 2명을 집으로 데려온 후 피해자의 일행이 술을 사러 간 사이에 피해자를 강제로 침대에 눕히고 소리를 지르며 저항하는 피해자의 팔을 꽉 잡고 반항하지 못하도록 한 다음 피해자의 상의를 걷어 올려 가슴과 배를 핥고 하의를 벗겨 피해자를 1회 간음하여 강간하였다.

Accordingly, the defendant was unable to know the number of days of treatment to the victim, and the defendant suffered injury that makes the victim enter a hole in the hot stoves and girls.

Summary of Evidence

1. Statement made by the police against D or E;

1. 112 A list of reported cases;

1. Written opinion with Maternists, and one CD [the defendant only puts his fingers into the victim's sexual intercourse with the victim's sexual intercourse, and the victim has pushed the victim's own sexual intercourse and lost the victim's own sexual intercourse;

The argument is asserted.

However, according to the following circumstances, it is sufficient to find a guilty of the injury resulting from rape of this case, according to the evidence duly admitted and investigated by this court:

① The victim, as stated in the facts of the crime, has prevented the victim's resistance, and inserted the victim's sexual organ into the negative part of the victim's sexual organ. The victim too sounded the defendant and running the house of the defendant by pushing the defendant.

was stated.

The above statements of victims are specific and consistent, and they are consistent with the E's statements and objective evidence in relation to the results and circumstances before and after the crime.

② The victim sent G message that the Defendant’s house was running, cut, and 112 of the Defendant’s house, and reported to 112 of the Defendant’s house, and that the Defendant was sexually abused F.

③ After the inspection of the victim on the day of the instant case, a hole of a size of 0.5 cm from the heat of 0.5cm from the string and strings.