(영문) 대전지방법원 홍성지원 2015.03.26 2014고합113

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 홍성지원 2015.03.26 2014고합113

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 24, 2014, the Defendant: (a) under the influence of alcohol on June 24, 2014, found the victim who was locked with her husband on the part of the her husband at the house of the victim E (here, 44 years old) of the D C, which was located in Boh-si, in the state of her ability to discern things or make decisions; (b) caused the instant humbing to the victim by taking the her hand into the part of the victim, and by taking the chest into account the state of her ability to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the police statement of E;

1. Investigation report (Attachment of a photo of the site of the case);

1. The defendant and his defense counsel asserted that the defendant had no or weak ability to discern things or make decisions by force at the time of committing the crime of this case.

According to the records, it is recognized that the Defendant had taken the alcohol to meet the level of four to five times the usual liquor at the time of committing the instant crime. In light of the Defendant’s criminal conduct, attitude, and circumstances before and after the instant crime, etc., it is determined that the Defendant was under the influence of alcohol at the time of committing the instant crime, and the Defendant had weak ability to discern things or make decisions.

However, considering the fact that the defendant's behavior before and after the crime of this case, which was duly adopted and examined by the court, and the defendant found the victim who was locked by finding out the victim's inside room and her chest by inserting his hand with the victim's clothes, the defendant cannot be seen as having no ability to discern things or make decisions at the time of the crime of this case, and thus, the argument that the defendant was in the state of mental disorder is rejected.

Application of Statutes

1. Relevant Articles 299 and 298 of the Criminal Act concerning facts constituting an offense;

1. Article 10 of the Criminal Act for the mitigation of mental illness.

참조조문

-형법 제10조

-형법 제298조

-형법 제299조

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