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(영문) 서울중앙지방법원 2016.08.12 2016고합547
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

On April 7, 2016, the Defendant, at around 14:50 on April 14, 2016, had the victim E (the son, 21 years old), who was living together with the victim, and breabed at “D,” which was a starting point for the second floor of Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City’s 2nd floor, lost the Defendant’s mind of drinking ethyl melting, which is a body of water containing the ingredients of the mix, and tried to rape.

After 15:50 on the same day, the Defendant “G convenience store” located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

Dalurd's purchase of coffee 16:00 on the same day, and at the defendant's house located in H of Seoul Special Metropolitan City, Nowon-gu around 16:01 on the same day, the defendant used ethyl luxa "Kaba"

Shelurd by inserting them into coffees and then mixing them with the victim’s “Kafa”

“Wurdnd” dyp made the victim not resist by making the victim scule the coffee and put in the state of temporary water surface by drinking the coffee, and then made the victim scule and fry sexual intercourse with the victim once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Investigation reports (Investigation of CCTVs around the suspect's residence) and investigation reports (CCTV analysis);

1. Application of Acts and subordinate statutes to the suspect or the injured party on the screen of a narcotic appraisal report, each gene appraisal report, or an I message caps;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify personal information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the order to disclose or notify the registered information may have a significant impact on the defendant, so prudentis is necessary.

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