(영문) 서울중앙지방법원 2019.09.27 2018고합1055

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(영문) 서울중앙지방법원 2019.09.27 2018고합1055

강간등

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A 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

To the extent that the facts charged do not disadvantage the defendant's exercise of his/her right to defense, some amendments were made according to facts obtained through evidence investigation.

The defendant, as the victim B (math, March 1993) and a man, returned to death, and the defendant assaulted the victim on or around May 2017 as a matter of violence, such as assaulting the victim due to violent flachising of alcohol. However, even after he was under the influence of alcohol, it is difficult to find the victim to demand a sexual relationship by force.

1. On March 4, 2018, the Defendant was under the influence of alcohol at the victim’s house and waiting for the victim to return home. Around 02:11, the Defendant entered into the house with the victim who returned home, and the written indictment stating that the Defendant opened the victim’s house by finding out the victim’s house and opening the door, but considering the CCTV video CD (No. 31) and the Defendant’s telephone call (No. 151 pages), etc., the Defendant appears to have taken care of the victim’s house, waiting for the victim to return home, and went together with the victim who returned home.

The victim raped the victim by putting the victim's face and body on the bend of the bend, putting the victim's face and body on the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of

2. At around 02:30 on April 14, 2018, the Defendant found the victim’s studio and opened the door several times, and made the victim open a door so that the victim can open a door, and entered the house, and the victim was able to prevent the victim from leaving the door on his/her part and leaving the door.

The defendant shall keep the face and temperature of the victim who continues to resist his body at a single floor of drinking and hand, and place his fingers into the part of the victim, thereby raising his fingers into the part of the victim.

유사 판례

-부산지방법원 2014.05.30 2013고합719

-수원지방법원 2017.12.21 2017고단6147

-서울서부지방법원 2019.09.05 2019고합42

-제주지방법원 2016.02.18 2015고합168

-광주지방법원 2016.10.21 2016고합291