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(영문) 서울중앙지방법원 2018.01.25 2017고합1053

강간등

Text

A defendant shall be punished by imprisonment for four years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

No person, other than a narcotics handler, shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, give or receive, trade, assist in the trade of, or provide narcotics or psychotropic drugs.

Despite the fact that the Defendant is not a narcotics handler, at the 1st floor of the “E” building underground of the Seocho-gu Seoul Metropolitan Government Seocho-gu Seoul Metropolitan City building “D” around August 17, 2016, the Defendant followed the rest of the victim F (the age of 31 at that time, the victim F) and drinking alcohol on the bend to the bend of the victim, and followed the bend of the victim, and caused the victim to drink the above death by inserting the bend of the bend of the victim.

After that, the victim lost his mind on the same day, and the Defendant, at around 20:30 on the same day, exceeded the clothes of the victim who did not resist due to 513 “H hotel” located in Seocho-gu Seoul Metropolitan Government G, and had sexual intercourse by inserting the Defendant’s sexual organ into the negative part of the victim.

As a result, the defendant was not a narcotics handler, used the victim's mental medicine, and raped the victim.

Summary of Evidence

1. Legal statement of witness F;

1. A reply to inquiries into facts made by the I of the professional examiners;

1. Each investigation report (Evidence list 3,6,12,19,42);

1. Request for appraisal, a statement of narcotic appraisal (list of evidence), reply to appraisal, and a statement of narcotic appraisal;

1. References to factual inquiries;

1. A detailed statement of medical expenses and health insurance benefit details (F);

1. A copy of the medical record for victims of sexual assault;

1. Records of medical treatment in a department of mental health (A), records of mental and medical treatment, details of health insurance benefits, and statements of expenses for medical care benefits (A);

1. Data on drug search;

1. Scenes images of hotel CCTVs;

1. Application of the above CCTV video CD-related statutes

1. Relevant Article of the Criminal Act and Article 297 (Rape) of the Criminal Act concerning the crime;

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