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(영문) 대구지방법원 김천지원 2017.07.19 2017고합38
강간미수등
Text

The punishment of the accused shall be three years of imprisonment.

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

Reasons

Punishment of the crime

1. No person, other than a handler of narcotics, may use any psychotropic drug;

On February 28, 2017, the Defendant: (a) around 01:33, at the heading house operated by the victim D (names, 29 years of age) of the Simsi, the Defendant, who was not a narcotics handler, drinked the victim with the mind of rape while drinking breath; (b) was prepared in advance between the victim and the victim was locked in order to take the toilet, and had the victim drink the above beer. (c) The Defendant, who was not aware of the fact, had the victim drinked the instant beer. (d) At the heading house operated by the victim D (names, s, 29 years of age).

Accordingly, the defendant used a local mental medicine.

2. On February 28, 2017, the Defendant attempted to rape by putting the victim’s fingers, i.e., laying the beer, who was in an unsatisfyed condition, and leaving the beer’s residence in Gumi Si E, by leaving the victim’s beer at the beer, leaving the victim’s beer, cutting off the victim’s clothes, cutting off the victim’s chest, and inserting the Defendant’s fingers into the part of the victim’s beer, and inserting the Defendant’s fingers into the part of the victim’s beer, as indicated in paragraph (1) of the same Article. However, the Defendant continued refusal of the sexual intercourse and attempted to commit rape by inserting the victim’s fingers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Investigation report (the attachment of a record of the victim's submission, the attachment of a photograph to the victim's CCTV screen, the hearing of the victim's statement, the confirmation of the details of the recently prescribed by the stroke-type (stroke-type), the price verification by the stroke-type used by the suspect in the crime, the result of the request for appraisal of identification samples by the suspect DNA, each recording, each photograph of the suspect A, and the body photo of the suspect A;

1. Application of Acts and subordinate statutes to a response to a request for appraisal;

1. Relevant legal provisions concerning criminal facts, Articles 300 and 297 of the Criminal Act on the choice of punishment (the point of attempted rape) and the Narcotics Control Act.

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