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(영문) 수원지방법원 안양지원 2017.02.10 2016고합218
강간
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

As to the facts charged, the prosecutor stated the applicable legal provisions in Articles 300 and 297 of the Criminal Act as to the crime, and accordingly, partial revision of the facts charged was made, and even if such revision was made in light of the progress of the trial, it does not seem to have any substantial disadvantage in exercising the defendant's right of defense.

The defendant had the victim D (man, 54 years of age, 54 years of age) who is a ward in the workplace with the mind of getting the victim to malute drugs, and had him to rape the victim.

On August 14, 2016, the Defendant: (a) recommended the victim to “F” restaurant parking lot located in Sinpo-si E, Sinpo-si, Sinpo-si, Manpo-si, to “F” link with an indic drug,” and (b) caused the victim to walk up, and then entered the said restaurant.

In approximately 20 minutes after the injured person entered a restaurant, the Defendant was killed in his/her own vehicle and tried to commit rape after going through the Helel located in G at his/her own city, but did not commit an attempted crime by the injured person due to the wind resistance.

Summary of Evidence

1. The Defendant’s partial statement and his defense counsel initially indicted the charge of the crime of rape, stating that “The Defendant and his defense counsel committed rape against the victim who caused the victim’s non-pharmaceutical drugs and who lost the mind by doing so,” and argued that “the two intended to send drugs for a long time and do not have sexual intercourse with the victim for the purpose of sexual intercourse, but did not actually sexual intercourse with the victim,” on the third trial date, the Defendant and his defense counsel stated that “the Defendant and his defense counsel attempted to commit rape with the victim who caused the victim’s non-pharmaceutical drugs and who lost the mind by doing so.” At the third trial date, the charges were modified to the effect that “the Defendant attempted to commit rape with the victim who attempted to have sexual intercourse with the victim.” As such, all of the modified charges are recognized.

(b).

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