(영문) 울산지방법원 2017.04.27 2017고합19

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2017.04.27 2017고합19

준유사강간

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 24, 2016, the Defendant, at around 00:00, Mad “D” in Daegu-gu, Daegu-gu, 203, Mad 203, including the victim E (n, 19 years of age) who drinks with the same department of students, but the victim was under the influence of alcohol, but the victim was not able to go back to the bar under the influence of alcohol, but she did not go back to the bar, and she was able to walk back to the baby and be locked back to the bend, and her finger was knicked in the sound part of the victim several times after the Defendant got into a panty.

In this regard, the victim was in a state of mental and physical loss because the victim was locked by the defendant's first victim's clothes to the time when the victim was locked. However, after that, when the defendant put his hand in the victim's clothes and delivered his breasts, he was unsatisfyed in the lock, and the defendant was not in a state of mental and physical loss or resistance until the defendant was able to talk about the part of the victim and put his fingers in the part.

Therefore, while the victim tried to commit similar rape by taking advantage of the state of the victim, the victim was not able to have the wind when he was diving, but did not commit an attempted rape.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against the victim;

1. Determination on the assertion of the defendant and his/her defense counsel

1. The defendant's assertion that the defendant or his/her defense counsel has committed an indecent act by force against the victim, etc.

However, at the time when the defendant puts his hand into the victim's panty, and knife his fingers in the sound part, the victim was shouldered by the victim, so the defendant did not commit the above act by using the victim's resistance impossible condition.

Therefore, only the crime of forced indecent act should be applied to the defendant.

2. Determination

A. Whether to accept quasi-rape of rape (the defendant's loss within the victim's negative part).

유사 판례

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