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(영문) 부산지방법원 2016.06.17 2016고합118
강간등
Text

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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From May 15, 2014, the Defendant: (a) from around 15, 2014, at the D mental health department located in the north-gu Busan Metropolitan City (hereinafter referred to as the “D mental health department”); (b) had the victim F (hereinafter referred to as the “F”), who became aware of via E around September 2015, when he/she was taking clothes by prescribing the stroke m, which is a native mental medicine drug; and (c) had the victim use the stroke m to rape the victim.

On October 3, 2015, the Defendant: (a) around 21:00, the Defendant: (b) provided the first floor parking lot with the drinking beverage that was ordered with the victim in the H coffee shop located in Busan Shipping Daegu; (c) provided the first floor parking lot, and (d) provided the Defendant’s parking at the same place by mixing it with the drinking beverage that was ordered by the injured party on the I-A-A-D mm, and returned to the said coffee shop, and made the injured party congested the spirit of the victim by allowing the injured party to drink it.

At around 22:30 on the same day, the Defendant: (a) sent the victim who was mentally mixed in the instant coffee shop 1st, and was sexually raped by having the victim, who was at the same time, died at the Busan Southern-gu JJ 201, the Defendant’s residence, and was at the small location of the above Defendant’s residence on October 4, 2015, at the above 00:00, the Defendant was sexually raped by having the victim, who was at the above strokem, lost awareness due to the above strokem.

2. Although a person possessing narcotics, etc., such as a psychotropic mental medicine, etc., was prohibited from using them for any other purpose, the Defendant, at the above H coffee shop around October 3, 2015, used the 1stm determined and kept by the Defendant for the purpose of rape as above, around October 3, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor and police with respect to F;

1. Application of the Act and subordinate statutes to replys to a request for appraisal (No. 10), roadside drug information, Internet search engineer on the strokem, and each investigation report on the strokem (Evidence No. 3, 19, 20, 22, 24, 39);

1. Relevant legal provisions and the point of selective rape concerning the crime: Article 297 of the Criminal Act;

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