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(영문) 수원지방법원 성남지원 2019.09.26 2019고합62

강간치상등

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On December 22, 2018, the Defendant, at the dwelling space of the victim C (names, ams, 39 years old) located in Hanam City B (hereinafter referred to as “B”) around 22:30 on December 22, 2018, left the victim, who reported TV at the stroke-m (waters) as if he were the stroke-m (waters) containing psychotropic drugs, so that the victim was stroked.

At around 23:00-23:10 on December 22, 2018, the Defendant: (a) taken strokes containing stroke m ingredients into the inside room; (b) taken the victim’s stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke, and added the Defendant’s sexual flag to the part of the victim’s stroke stroke stroke stroke stroke stroke stroke stroke stroke s

Therefore, even if the defendant is not a person handling narcotics, he had the victim administer the psychotropic drug, and used it to suppress the victim's resistance, and then raped the victim, thereby suffering from injury of stress disorder on the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (calculated additional charges);

1. Records of seizure and the list of seizure;

1. A gene appraisal report and a narcotics appraisal report;

1. Application of the Kakao Kakao Park Act and subordinate statutes concerning the contents of the conversation;

1. Relevant Article of the Criminal Act and Articles 301 and 297 of the Criminal Act concerning the crime, the choice of punishment, and Articles 61 (1) 5 and 4 (1) 1 and 2 subparagraph 3 (d) of the Act on the Control of Narcotics, Etc. (the point of administering a stroke method, and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;