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(영문) 수원지방법원 2016.12.22 2016고합623
강간미수등
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

1. In around 2013, the Defendant, while working as a bus engineer, was aware of the victim C (at the age of 54) who was a bus cleaningman, wanting to have sexual intercourse with the victim, but the victim was thought not to have easily responded to the rape. As such, the Defendant was able to rape the victim by using the stroke method (at the ethyl 10mg, a psychotropic drug that was taken by himself/herself as exemption from water).

At around 11:00 on September 24, 2016, the Defendant: (a) operated the said vehicle to the H Training Institute’s parking lot located in Heung-gu G by burning the victim on the top of the FSsp vehicle located in Suwon-si, G on the front side of the FSp-si, Suwon-si; (b) caused the victim, who is not aware of the fact that the ethyl oxide 2 prepared in advance by the victim, was a link drinking beverage, and caused the victim to drinking the said ethyl oxide 2.

On September 24, 2016, from around 12:00 to around 17:00 on the same day, the Defendant attempted to engage in sexual intercourse with the victim’s chest, mort, mort, etc., by taking advantage of the gap in drinking ethyl gas in a vehicle parked at the instant H Training Institute parking lot between around 12:00 and around 17:00 on the same day. However, the Defendant did not have intended to engage in such sexual intercourse with the victim’s chest, mort, etc., but did not go through

2. Despite the fact that the Defendant is not a person handling narcotics, etc., the Defendant, as seen above, served C as a stroke-mm (ethyl 10mgg) and delivered it to C, which is a psychotropic drug, as such, and let C not know of such fact take it, used a stroke-m as a psychotropic drug.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement made to C and I;

1. Police seizure protocol and list of seizure (Evidence Nos. 24, 25);

1. Written appraisal of narcotics;

1. Application of the Acts and subordinate statutes governing the transmission of damaged photographs and the suspect's dialogue;

1. Article 300 of the Criminal Code of the corresponding criminal facts

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