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(영문) 대전지방법원 천안지원 2020.04.01 2019고합285
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

At around 04:30 on September 2, 2019, the Defendant: (a) had the intent to rape the victim D (the age of 24) who had drinking together; (b) had the maximum face-to-face (the age of 24) purchased at a pharmacy; (c) had the victim drink the above drugs by inserting the “ro resident,” which was purchased at the pharmacy, into the neast; and (d) had the victim drink the above drugs; and (e) had the victim lost the mind due to the effect of the above drugs; and (e) had the victim go away from the victim’s panty and panty, and had the Defendant inserted the Defendant’s sexual organ into the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. Protocols of seizure and list of seizure (No. 4 and 5 No. 5 of the evidence list);

1. A medicine appraisal report, each legal chemical appraisal report, and a gene appraisal report;

1. Application of Acts and subordinate statutes to the photographs of drugs discovered in the plastic garbage bags, and printed output via the Internet;

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of all the circumstances, including the Defendant’s age, occupation and environment, social relationship, and the contents and result of the instant crime, the circumstances before and after the instant crime, the anticipated profits expected by the disclosure notification order, and the effectiveness and side effects of the crime, as well as the disadvantages and side effects therefrom, the Defendant’s personal information is not a crime committed against unspecified victims or children and juveniles. The Defendant’s personal information is registered, the attendance order for sexual assault treatment, and the employment restriction order alone appears to have an effect to prevent recidivism.

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