(영문) 의정부지방법원 2020.05.08 2019고합370

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.05.08 2019고합370

준강간

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a victim B (n, 19 years of age) and a workplace compensation relationship.

On September 11, 2019, the Defendant: (a) around 19:00 on September 11, 2019, the Defendant: (b) decided to have sexual intercourse with the victim by using what the victim was under the influence of alcohol; (c) decided to have sexual intercourse with the victim; and (d) inserted the victim’s sexual organ into the victim’s negative organ by hand.

Accordingly, the defendant was raped by taking advantage of the victim's mental condition.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The prosecutor's statement concerning B;

1. Each police statement of E;

1. A complaint filing statement, 112 report processing statement, report on the results of a program for submitting smartphone evidence, and written confirmation;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a record on conversations between persons for reference and suspects);

1. Articles 299 and 297 of the Criminal Code of the relevant criminal facts of this case (the defendant and his defense counsel argued that the crime of attempted quasi-rape is established because the victim was not in the state of mental disorder at the time of the crime of this case. However, the following circumstances acknowledged by the evidence as follows: ① the victim was in the state of ordinary child 2 disease; ② the victim was in the state of minor child 4 disease on the day of this case; ② the victim was scambling with the defendant on the day of this case; ② the victim was scambling with the defendant; ③ the victim was unable to completely memory the situation where the victim got in the restaurant and curbing with the defendant at the time of the crime of this case; ③ the victim was about the situation at the police at the time of the crime of this case, and the victim did not move in as his body because of the lack of mental mind; ③ the victim was under the influence of alcohol; and the victim was able to be scambling with the victim’s body at the time of this case.

참조조문

-형법 제297조

-형법 제299조

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