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Reasons
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(영문) 의정부지방법원 2017.07.19 2016고합489
준유사강간등
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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person with no certain occupation, and the victim C (the life, the life, the age of 37) is a spouse of the defendant's ship, and the defendant and the victim have been aware of about nine years before.

1. On August 2015, the Defendant forced indecent act: (a) reported that the victim was able to enjoy in his/her bed on his/her bed; and (b) made the head on his/her bed on his/her bed; and (c) even though the victim refused and refused to “if he/she dices alcohol, he/she would have dice in another room”, the Defendant committed an indecent act by force by deceiving the victim’s bed on his/her own hand, with his/her bed and her bed.

2. A quasi-Rape on July 22, 2016, at around 02:00, the Defendant confirmed that the victim was locked in the second floor inside the house as stated in paragraph (1) of this Article, and sent the victim’s chest and her fel, with his hand, her fingers into the part of the victim.

Accordingly, the defendant committed similar rape in the indictment for the loss of the victim's mental and physical nature.

Although it is written, it means a case where psychological or physical resistance is not possible due to reasons other than loss of mind and body, and if the victim was diving, it constitutes a mental or physical loss, and it cannot be viewed as an impossible state (see Supreme Court Decisions 76Do3673, Dec. 14, 1976; 2001Do3490, Sept. 14, 2001; 2001Do3490, etc.). However, in light of the circumstances where the victim was locked and the defendant stated that he would have taken place for similar rape, it is obvious that it is a clerical error, and it is obvious that it is a clerical error, and it is not likely that it would be detrimental to the defendant's defense, and it is corrected without going through the amendment of indictment.

Using the state of a similar rape, the victim was raped.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

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

1. Statement 1.3

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