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(영문) 서울중앙지방법원 2017.04.13 2017고합193
준강간미수등
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

The Defendant is a U.S. national, and is not a person dealing with narcotics as a graduate student from D University.

On September 12, 2016, the Defendant, who came to know through the hosting on September 12, 2016, contacted with Victim E (name, 22 years of age) and SNS Messengers. On September 18, 2016, the Defendant dump alcohol together with the victim.

1. On September 18, 2016, the Defendant 23:00, in the Defendant’s residence of the fourth floor of the 408th floor of the Seoul Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government F Building No. 408, the Defendant administered a booming ethyl 10mg (strokem), which is a local mental medicine medicine, to the defective victim, with the lusium 10m (strokem) dilutiond.

2. The Defendant: (a) from around 23:00 on September 18, 2016, affix the following seals to quasi-rapes:

9. From around 05:00 to the above Defendant’s residence, the victim, who taken a local mental medicine, such as as described in paragraph 1, tried to get off the victim’s will and panty panty by taking advantage of the other victim’s resistance impossibility condition, and tried to have a sexual intercourse with the victim’s will and panty. However, the victim did not go against the Defendant, and did not go against it.

Summary of Evidence

1. Statement by the defendant in court;

1. The first written statement made to E:

1. Responses to requests for genetic testing from each country, requests for appraisal of narcotics from each country, responses to requests for appraisal of narcotics from other countries, requests for legal appraisal of narcotics;

1. Medical certificate, prescription;

1. Application of the G dialogue content Acts and subordinate statutes;

1. Article 300 of the Criminal Act applicable to the crime, Articles 299, 297 of the Criminal Act (the attempted quasi-rape) and Article 61(1)5 of the Narcotics Control Act, Article 4(1)1, and Article 2 subparag. 3 of the same Act concerning the selection of punishment for the crime;

Bas (the fact of medication and the selection of imprisonment)

1. Attempted mitigation: Article 25(2) and Article 55(1)3 of the Criminal Act (limited to the attempted quasi-rape);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed for the attempted quasi-rape with heavier punishment);

1. Article 62 of the Criminal Act:

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