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(영문) 대구지방법원 2017.06.02 2017고합38
강간미수
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (n, 21 years old) are China, and they are friendships.

The defendant used to commit rape or robbery on the Internet, and acquired drugs of Pampling ingredients with a strong effect of losing memorys in a net manner, and sentenced to eating drugs to the victim and rape.

On July 2, 2016, at around 00:30 on July 2, 2016, the Defendant: (a) laid a drug in the victim’s residence located in Sinsan-si D, and caused the victim to lose his mind, resulting in rape; (b) but (c) attempted to rape the victim at the victim’s request for help by telephone, and (d) attempted to commit rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A summary appraisal report;

1. Application of the Act and subordinate statutes to the investigation report (this case’s “sampling report” relating to the Pampling

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for a year and six months, the age, sex, environment, motive, means and consequence of the crime, as shown below two years of probation, and all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

D. Unfavorable circumstances: The crime of this case was committed by the victim living in the same studio, in which the defendant was aware of in a normal sense, and was attempted to rape by having the victim eating drugs and lose the mind, and the method of crime was planned and is very poor in the nature of crime.

The defendant is a student of 22 years of age who has no record of criminal punishment in the Republic of Korea.

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