https://tw.news.yahoo.com/摻藥硬上女同學-男辯diy後不舉-法官狠打臉-013100579.html
摻藥硬上女同學!男辯DIY後不舉 法官狠打臉
EBC東森新聞
19.8k 人追蹤
東森新聞
2019年10月27日 上午9:31
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台南一名彭姓男大生,在2018年3月底與女同學相約,在女方租屋處寫報告,不久女方表示口渴,他竟利用外出買飲料之際,在飲料中摻入藥物,導致女方頭昏、隨即陷入昏迷,他便趁機猥褻對方,並在一旁DIY後性侵對方得逞。彭男在法庭上辯稱射精後不舉,但遭法官反駁,判7年10個月定讞,台南高分院合議庭也判彭男應賠償女方120萬元。
根據判決書指出,2018年3月27日,兩人相約在女子家寫報告,期間女子口渴,彭男藉口出門買飲料,竟在飲料中加入第三級毒品FM2及不明的催情藥水,女子喝下飲料,感到頭暈不適,到床上休息後隨即陷入昏迷。彭男見有機可趁,先撫摸女子胸部,之後還脫下其褲子撫摸下體,並在女子旁邊DIY直到射精,最後硬上女子得逞。
▼男子下藥迷昏女子,性侵得逞。(示意圖/翻攝自Pixabay)
檢視相片
法院一、二審均依強制性交罪判處彭男7年10個月,但男子不滿上訴最高法院,提出「身心障礙證明」及「診斷證明書」,指稱身心狀況不佳,並主張男性於射精後有一段「不應期」(按指男性陰莖無法勃起,不能進入女性陰道之期間)。
▼彭男辯稱男性有不應期,判決顯然與生理反應的經驗法則不合。(示意圖/翻攝自Pixabay)
檢視相片
最高法院合議庭認為,彭男提出的診斷證明書,與認定的犯罪事實毫無關聯;而「不應期」常因個人年齡多寡及體質不同而有長短差異,彭男於案發時正值青壯年紀,通常「不應期」不會太長,原判決認定上訴人於DIY射精後,接續性交等情,難認定與事理有悖,駁回上訴,判處7年10個月定讞。
除了刑事部分,女方及家長認為彭男違反他人意願,侵害貞操權、性自主權,提出民事告訴,求償200萬元,最後台南高分院合議庭參酌彭男名下資產,判應給付女子120萬元,不可上訴。
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Dosing hard on female classmates! The judge does not raise the judge after the DIY
[EBC Dongsen News]
EBC Dongsen News
19.8k person tracking
Dongsen News
October 27, 2019, 9:31 am
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A male surnamed Peng, a student from Tainan, met with a female student at the end of March 2018. She wrote a report at the woman’s rented house. Soon the woman expressed thirst. He used to go out and buy a drink, and mixed the drug into the drink, causing the woman. When he was dizzy and immediately fell into a coma, he took the opportunity to slap each other and sexually invade each other after DIY. Peng Nan argued in court that he did not administer ejaculation, but was rebutted by the judge and sentenced to 7 years and 10 months. The collegiate bench of the Tainan High School also ruled that Peng Nan should compensate the woman for 1.2 million yuan.
According to the verdict, on March 27, 2018, the two men made a report in the women's house. During the period, the woman was thirsty. Peng Men excused himself to go out and buy drinks. He added a third-level drug FM2 and an unknown aphrodisiac to the drink. Drinking, feeling dizzy and uncomfortable, went to bed and then fell into a coma. Peng Nan saw organic cockroaches, first touched the woman's chest, then took off his pants and stroked the lower body, and DIY next to the woman until ejaculation, and finally the woman succeeded.
▼ Men are stunned by drugs, sexual assault. (schematic / flip from Pixabay)
View photos
The first and second instance of the court sentenced Peng to 7 years and 10 months in accordance with the mandatory conviction. However, the man was dissatisfied with the Supreme Court of Appeal and filed a "certificate of physical and mental impairment" and a "diagnosis certificate", alleging that the physical and mental condition was not good and that the man was ejaculated. There is a "refractory period" (in the period when the male penis cannot be erected and cannot enter the female vagina).
▼ Peng Nan argues that men have refractory periods, and the judgment is obviously inconsistent with the rule of thumb of physiological reactions. (schematic / flip from Pixabay)
View photos
The collegiate bench of the Supreme Court held that the certificate of diagnosis proposed by Peng Nan had nothing to do with the facts of the crime. The "refusal period" often differed depending on the age and physical condition of the individual. Peng Man was at the time of the incident. In the old age, usually the "refusal period" is not too long. The original judgment found that the appellant had escaping after the DIY ejaculation, and it was difficult to identify and blame the case. The appeal was rejected and sentenced to 7 years and 10 months.
In addition to the criminal part, the woman and the parents believed that Peng Man violated the will of others, infringed on the right of virginity and sexual autonomy, and filed a civil statement, claiming 2 million yuan. Finally, the Tainan High-scoring Collegiate Chamber took into account the assets of Peng’s name and sentenced the woman to 1.2 million yuan. Can't appeal.
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摻藥硬上女同學!男辯DIY後不舉 法官狠打臉
EBC東森新聞
19.8k 人追蹤
東森新聞
2019年10月27日 上午9:31
檢視相片
台南一名彭姓男大生,在2018年3月底與女同學相約,在女方租屋處寫報告,不久女方表示口渴,他竟利用外出買飲料之際,在飲料中摻入藥物,導致女方頭昏、隨即陷入昏迷,他便趁機猥褻對方,並在一旁DIY後性侵對方得逞。彭男在法庭上辯稱射精後不舉,但遭法官反駁,判7年10個月定讞,台南高分院合議庭也判彭男應賠償女方120萬元。
根據判決書指出,2018年3月27日,兩人相約在女子家寫報告,期間女子口渴,彭男藉口出門買飲料,竟在飲料中加入第三級毒品FM2及不明的催情藥水,女子喝下飲料,感到頭暈不適,到床上休息後隨即陷入昏迷。彭男見有機可趁,先撫摸女子胸部,之後還脫下其褲子撫摸下體,並在女子旁邊DIY直到射精,最後硬上女子得逞。
▼男子下藥迷昏女子,性侵得逞。(示意圖/翻攝自Pixabay)
檢視相片
法院一、二審均依強制性交罪判處彭男7年10個月,但男子不滿上訴最高法院,提出「身心障礙證明」及「診斷證明書」,指稱身心狀況不佳,並主張男性於射精後有一段「不應期」(按指男性陰莖無法勃起,不能進入女性陰道之期間)。
▼彭男辯稱男性有不應期,判決顯然與生理反應的經驗法則不合。(示意圖/翻攝自Pixabay)
檢視相片
最高法院合議庭認為,彭男提出的診斷證明書,與認定的犯罪事實毫無關聯;而「不應期」常因個人年齡多寡及體質不同而有長短差異,彭男於案發時正值青壯年紀,通常「不應期」不會太長,原判決認定上訴人於DIY射精後,接續性交等情,難認定與事理有悖,駁回上訴,判處7年10個月定讞。
除了刑事部分,女方及家長認為彭男違反他人意願,侵害貞操權、性自主權,提出民事告訴,求償200萬元,最後台南高分院合議庭參酌彭男名下資產,判應給付女子120萬元,不可上訴。
●東森新聞關心您
尊重身體自主權!請撥打113、110
Dosing hard on female classmates! The judge does not raise the judge after the DIY
[EBC Dongsen News]
EBC Dongsen News
19.8k person tracking
Dongsen News
October 27, 2019, 9:31 am
View photos
A male surnamed Peng, a student from Tainan, met with a female student at the end of March 2018. She wrote a report at the woman’s rented house. Soon the woman expressed thirst. He used to go out and buy a drink, and mixed the drug into the drink, causing the woman. When he was dizzy and immediately fell into a coma, he took the opportunity to slap each other and sexually invade each other after DIY. Peng Nan argued in court that he did not administer ejaculation, but was rebutted by the judge and sentenced to 7 years and 10 months. The collegiate bench of the Tainan High School also ruled that Peng Nan should compensate the woman for 1.2 million yuan.
According to the verdict, on March 27, 2018, the two men made a report in the women's house. During the period, the woman was thirsty. Peng Men excused himself to go out and buy drinks. He added a third-level drug FM2 and an unknown aphrodisiac to the drink. Drinking, feeling dizzy and uncomfortable, went to bed and then fell into a coma. Peng Nan saw organic cockroaches, first touched the woman's chest, then took off his pants and stroked the lower body, and DIY next to the woman until ejaculation, and finally the woman succeeded.
▼ Men are stunned by drugs, sexual assault. (schematic / flip from Pixabay)
View photos
The first and second instance of the court sentenced Peng to 7 years and 10 months in accordance with the mandatory conviction. However, the man was dissatisfied with the Supreme Court of Appeal and filed a "certificate of physical and mental impairment" and a "diagnosis certificate", alleging that the physical and mental condition was not good and that the man was ejaculated. There is a "refractory period" (in the period when the male penis cannot be erected and cannot enter the female vagina).
▼ Peng Nan argues that men have refractory periods, and the judgment is obviously inconsistent with the rule of thumb of physiological reactions. (schematic / flip from Pixabay)
View photos
The collegiate bench of the Supreme Court held that the certificate of diagnosis proposed by Peng Nan had nothing to do with the facts of the crime. The "refusal period" often differed depending on the age and physical condition of the individual. Peng Man was at the time of the incident. In the old age, usually the "refusal period" is not too long. The original judgment found that the appellant had escaping after the DIY ejaculation, and it was difficult to identify and blame the case. The appeal was rejected and sentenced to 7 years and 10 months.
In addition to the criminal part, the woman and the parents believed that Peng Man violated the will of others, infringed on the right of virginity and sexual autonomy, and filed a civil statement, claiming 2 million yuan. Finally, the Tainan High-scoring Collegiate Chamber took into account the assets of Peng’s name and sentenced the woman to 1.2 million yuan. Can't appeal.
●Dongsen News cares about you
Respect for autonomy! Please call 113, 110