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(영문) 서울중앙지방법원 2016.12.02 2016고합708
강간등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

gallon 5 (M-N920S, S/N:C) per unit (No. 1) shall be confiscated.

Reasons

Punishment of the crime

1. Violation of the Act on the Control of Narcotics, etc. (fence), and the Defendant committed rape to the victim D (a 47 years of age), who is a member of a friendly organization, by having the victim D (a fluor), who is a member of the psychotropic organization, lose the spirit of drinking ethyl oxide, which is a psychotropic substance, containing a psychotropic substance “strokem” (fluorm).

At around 17:00 on May 5, 2016, the Defendant provided meals with the victim at the “F” restaurant located in the Yangju City, and was parked in the restaurant parking lot at around 17:50 on the same day, the Defendant: (a) provided the victim with the passenger’s passenger car, and (b) provided the victim with the coffee vending machine extracted from the coffee vending machine installed in the restaurant; (c) provided the victim with the essence of the coffee; and (d) collected the remainder of the coffee with the victim; and (e) added the ethyl content of new coffee from the coffee vending machine to the coffee coffee 3, the Defendant added the ethyl content of which the Defendant was holding. In other words, the Defendant took aboard the said car to the said coffee, and caused the victim to drink the said coffee.

Around 18:00 on the same day, the Defendant, at a hotel of “H” located in G at Yangju-si, 18:00 on the same day, went off the clothes of the victim who was unable to resist his mind, and her fingers off the body of the victim, and had the victim sexual intercourse once with the victim.

As a result, the Defendant, other than a person handling narcotics, corrected “stroke-m medication” as stated in the indictment to the extent that it does not disadvantage the Defendant’s exercise of the Defendant’s right to defense by using “stroke-m” containing “stroke-m” ingredients, which is psychotropic drugs, without the amendment of the indictment procedure. The Defendant

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Ameras”) functions to take photographs of mobile phones with the aforementioned “H” hotel from around 18:07 on May 5, 2016 to around 18:08 on the same day.

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