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(영문) 대구지방법원 서부지원 2017.12.21 2017고합157
강간등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On April 29, 2017, the Defendant was aware of the Victim F (F, 23 years of age) and smartphone-making display and received contact, and she first performed drinking at H restaurant located in Daegu-gu, Daegu-gu, Daegu-gu, about 20:45 on April 29, 2017.

1. Notwithstanding the fact that the Defendant is not a narcotics handler, on April 29, 2017, at around 22:24, the Defendant extracted from J that was parked in the alleyway in front of the Daegu-gu I building, Daegu-gu, and used the stroke m, a local mental medicine for the victim’s future possession within HG car, which was determined by himself/herself, at the time of the victim, using the stroke 10mm g 10m gm m m m m stroke-gu, where the stroke m contains the ingredients of the stroke m, so as to make the victim look at, and let the victim know of the fact use the stroke m., a local mental medicine.

2. At the same time and place as mentioned in the above paragraph 1 above, the Defendant: (a) strokeed the victim by strokeing the agreement with a stroke in which the stroke-m ingredients entered; and (b) stroke-gu, Daegu-gu, 2017, taken the victim who became mixed with the mind into the Lelbur 206, around April 29, 2017 due to the influence of drugs, taken the victim into the stroke-gu, Daegu-gu, Daegu-gu, Daegu-gu, with the victim’s clothes 206; (c) cut off the victim’s chest as his hand; and (d) was fasted with the victim’s stroke-gu and snow, as soon as possible; and (d) added the victim’s sexual organ into the part of the victim’s stroke.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of reference by the prosecution concerning the F;

1. Statement made by the police against M;

1. A written response to each request for appraisal;

1. CCTV recording data, each photograph, and investigation report (the list No. 28 of evidence);

1. Application of statutes on records of seizure and lists of seizure;

1. Article 297 of the Criminal Act applicable to the crime, the choice of punishment (Rape) and Articles 61(1)5 and 4(1) and 2 subparag. 3 of the Narcotics Control Act.

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