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(영문) 서울중앙지방법원 2015.08.28 2015고합525
유사강간등
Text

1. The punishment of the accused shall be two years of imprisonment;

2.Provided, That the foregoing shall not apply for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Similar rape: (a) the Defendant had the victim D (ma, 22 years of age, cirm strene) who became aware of through the Internet website use a drug containing stroke-morm, which is an exempted ingredient, in possession of an unstroke for treatment of stroke, to put the drug into a coffee, and then had the victim undergo similar rape.

At around 20:00 on June 5, 2015, the Defendant, at the victim's home located in Gangnam-gu Seoul Metropolitan Government E, allowed the victim to drink about 3 eggs containing stroke-mm, which is an exempted component, and added hand to the victim's resistance, which is stroke-in.

Accordingly, the Defendant assaulted the victim to commit similar rape.

2. The Defendant, at the same time and place as in the preceding paragraph, prevented the victim from drinking coffees containing exempted ingredients, at the same time and place as in the foregoing, and took the Defendant’s gallonian 3 mobile phones with a total of KRW 1,00,000,000,000 in the market price owned by the victim, and took the Defendant’s property at KRW 14K of the market price, the market price of which is KRW 110,000,000 in total, and the market price of KRW 7,000,000 in the street North Korea, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. The police statement of the victim;

1. A complaint prepared by the victim;

1. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (collection of evidentiary materials, diagnosis and treatment of victim police hospitals, submission of copies of medical records and prescriptions, reporting on the results of requests for appraisal, reporting on information on ethyl melting 10 milligrams drugs);

1. Article 297-2 of the Criminal Act and Article 333 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered favorable circumstances among the following reasons for sentencing):

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.

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