(영문) 서울고등법원 2015.06.11 2015노126 | 리걸엔진

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(영문) 서울고등법원 2015.06.11 2015노126

강간치상

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal shows that while the defendant had sexual intercourse with the victim, he/she had been under the consent of the victim, he/she had been able to go to the toilet, he/she did not assault or threatened the victim in the process.

2. Determination

A. The summary of the facts charged was that the Defendant, with Chinese nationality, maintained the relationship between the victim C (V, 38 years of age, and Chinese arsensium) and the victim from around 2009, and was at the request of the victim around August 2013. On October 2013, the Defendant left China and continued to contact the victim on February 20, 2014, and demanded that the victim meet himself/herself.

On March 1, 2014, at around 22:30, the Defendant: (a) called the victim’s telephone 202, Eindo located in Guro-gu Seoul Metropolitan Government D, saying, “A certain talk about hedging is defective;” (b) met the victim outside the boarding house, and (c) entered the victim’s house with “Arresh with the same drinking and drinking.”

At around 00:00 on March 2, 2014, the Defendant: (a) stated that “the victim would drink with beer; (b) if there is no talk that the victim would do so; (c) would do so; and (d) obstructed the victim from leaving the room; (b) obstructed the victim’s body by drinking with the wall; and (c) faced the victim’s head with the wall; and (d) took the victim’s head against the wall; and (c) shown that the victim was bread while taking a bath to the victim, and frighted the victim to the victim so that he would have any danger and injury that the victim would not respond to the Defendant’s request, such as “beer off the clothes.”

The defendant continued to have been off clothes when taking the son's hair, body, etc. on drinking, placed the victim's hand on the floor, placed the victim on the floor, and tried to rape after suppressing the victim's resistance. However, the defendant did not have the intent to escape from the toilet and attempted to escape from the room.

This is the defendant.

유사 판례

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-전주지방법원 2013.10.31 2013고합23

-수원지방법원 2017.05.11 2017고합43

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