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(영문) 광주지방법원 2020.01.10 2019고합410

강간등

Text

A 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

Punishment of the crime

The defendant is also residing in Seo-gu, Seo-gu, Gwangju as a de facto marital relationship with the victim B (a person, a person, 50 years of age) and a de facto marital relationship.

At around 22:00 on March 13, 2019, the Defendant, despite that he is not a person handling narcotics, placed psychotropic drugs, which were prescribed in advance on the ground of lusium, in a ethyl melting ethylly in a stroke-m, which is a psychotropic drug, and had the victim flusing the above water in a stroke-m, and had the victim flusium flusing the above water, let the victim flusium the body, lost the body, exceeded the clothes of the victim flusium, and added the Defendant’s sexual organ into the stroke-m.

Accordingly, the Defendant used psychotropic drugs, which is not a person handling narcotics, and raped the victim using them.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. A drug toxic substance appraisal report and each gene appraisal report;

1. The application of Acts and subordinate statutes that include investigation reports (calculated of the amount of collection), medicine expenses;

1. Relevant Article of the Criminal Act and Article 297 (Rape) of the Criminal Act, Articles 61 (1) 5 and 4 (1) and subparagraph 3 (d) of Article 2 of the Narcotics Control Act (the occupation of using psychotropic drugs and the choice of imprisonment);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (within the scope that the sum of the long-term punishments for the crimes above two crimes specified in the heavier punishment for the crimes of rape is added);

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to the calculation of a surcharge (7,130 won (the medicine expenses of ethyl et al. prescribed by the defendant) ¡À5 x 2 = 2,852 won);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;