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(영문) 의정부지방법원 2013.06.21 2013고합184
강간미수등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

At around 21:50 on March 15, 2013, the Defendant: (a) made 3 m (30 gg) m in the surface leading m of the water in which the dice m in the pharmacy was purchased at the pharmacy, as prescribed by the hospital at the hospital at Pocheon-si C, and used psychotropic drugs by making it a string out of the dm of the surface leading m of the water (30mg), which contains the dm of the dm of the dm of the dm of the water in the coffee; and (b) made it run a coffee to E in the d vehicle owned by the Defendant, which was parked

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement on the request for appraisal, the details of the health insurance benefits, the preparation records by customer, and an explanatory note by the FMM stroke;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (to counter-investigations, such as G Hospital N medical doctors H, and telephone conversations with I for convenience store operators);

1. Article 61 (1) 5, Article 4 (1), and subparagraph 3 (d) of Article 2 concerning facts constituting an offense, and Article 61 (1) 3 and Article 2 of the Act on the Selection and Management of Narcotics, Etc.;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (45,000 won in addition) x 15,00 won in stroke-m x 3);

1. The scope of applicable sentences: Imprisonment for one month to five years;

2. Aggravation of recommendations on the sentencing criteria: Scope of recommendations [Determination of types] for narcotics crimes, medication, simple possession, etc., Type 2 (Special Aggravationd: Aggravation of Aggravations: Where there exist grounds for special criticism in motive for committing the crime (the area of recommendations and the scope of recommendations] increased area, 10 months to two years by imprisonment.

3. In light of the fact that the crime of this case, which was determined to be sentenced, appears to have been committed by the defendant against the female substitute driver who was known to the general public, and was committed as a motive to reach the sexual crime, the crime of this case is disadvantageously bad in terms of the fact that the defendant was committed against the female substitute driver who was aware of it.

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