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울산지방법원 2017.03.24 2016고합176
강간등
Text

A defendant shall be punished by imprisonment for three years.

730 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The Defendant of 2016 Gohap 176 is not a person handling narcotics.

On March 31, 2016, the Defendant decided to engage in sexual traffic, which is only another condition called the victim D(C, 30 years old) through “C,” which is a mobile phone hosting fluor, around 16:00. The Defendant decided to engage in sexual traffic, the same day as the victim D(C).

The Defendant had the victim lose the awareness of food by drinking at the victim, and had the victim engage in sexual intercourse. The Defendant had had the victim engage in exemption from water containing a floft ingredient, which is a local mental medicine, which was prescribed by the doctor.

On March 31, 2016, around 18:30, the Defendant entered the “H” Mo 502, which was located in Yangsan-si G, where the victim was living in the middle of the “F” coffee shop in Yangsan-si E.

The Defendant, within the above room, followed the crepit of the victim's shower in the crepan, followed the number of exemptions containing the above rucking ingredients on the coffee in which the victim sawd, and the Defendant, after completing the shower, lost consciousness after about 30 minutes of the coffee, and had sexual intercourse with the victim once.

The Defendant raped the victim using such a native mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the witness D in the fourth public trial protocol;

1. Statement made to I by the police;

1. Each internal investigation report (this shall be accompanied by a report on CCTV, a written permission for communications, and a warrant of search and seizure verification), a criminal investigation report (in addition to the results of search of medicines prescribed by the person under investigation), and a criminal investigation report (the specification of the amount collected);

1. Application of a report on the results of field identification, response to each request for appraisal, and application of a reply to each request for appraisal;

1. Relevant Article 297 of the Criminal Act concerning facts constituting an offense, Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (c) of Article 2 of the Narcotics Control Act (the use of a native mental drug);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on the crimes of rape heavier than punishment);

1. The proviso to Article 67 of the Narcotics Control Act;

1. The Criminal Procedure Act of the Provisional Payment Order.