(영문) 광주지방법원 2015.04.15 2015고합38

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(영문) 광주지방법원 2015.04.15 2015고합38

강간

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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2014, the Defendant: (a) committed sexual intercourse with the victim by failing to move the victim from diving 203 of Ecomel 203 located in Gwangju-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si by failing to move the victim from a strong force to the victim’s body, which is placed on the part of the victim’s forced room and resisting the victim’s body; (b) coercing the victim’s resistance; and (c) inserting the chest into the victim’s body; and (d) inserting the victim’s sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Any statement made by the defendant in a part appropriate for such statement in this Act;

1. The defendant and his defense counsel asserted that the victim did not have sexual intercourse only with the victim at the time and time set forth in this law.

The victim is consistently stated from the investigative agency to the court that the defendant has sexual intercourse with the victim.

According to the contents of the Kakakao Stockholm conversation, the Defendant sent the victim the message “unfortunateed”, “Ilman only once,” and “Ilman,” and recognized his mistake, and does not seem to be aimed at simply preventing the repeated apology.

According to the voice of a recording, if the defendant speaks that the victim 'the Messenger Messenger' Messenger Messenger Messenger

B. In light of the situation where the meaning of “here” sent the message to the victim so that the victim had sexual intercourse with the Defendant by force, it does not seem that the victim merely drinks with the Defendant, such as the Defendant’s explanation.

If the testimony of the victim is not specifically and directly known, the situation is described in detail at the time when the victim's testimony is not known, and the victim is likely to suffer disadvantage in relation to the relationship and reporting process when the victim reports the sexually-friendly defendant.

유사 판례

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