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(영문) 서울남부지방법원 2015.10.01 2015고합295
강간미수등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person other than a person handling narcotics, etc. shall not use psychotropic drugs;

On March 21, 2015, the Defendant: (a) around 03:50 on March 21, 2015, at the “E entertainment tavern” located in Geumcheon-gu, Geumcheon-gu, Seoul, for rape with F while drinking the said business at the “E entertainment drinking house”; (b) put F in a tria shotus, which is a psychotropic drug in possession of F’s cresh, and used F with F to drink it.

2. The Defendant, who attempted rape, had a psychotropic drug strokes, had the victim F (the age of 54) sexual intercourse with a view to rape.

The Defendant, at the time and place specified in paragraph (1), put psychotropic drugs into the victim’s alcohol residues by means of the method described in paragraph (1), lost the victim’s spirit of drinking alcohol, went off from the victim, and attempted to have sexual intercourse with the victim by cutting off the victim’s breath and her inner organs, but did not come out by opening a door to clean up the victim’s breath in order to conduct cleaning.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. Application of Laws and Subordinate Statutes (II);

1. Article 61 (1) 5, Article 4 (1), subparagraph 3 (d) of Article 2 and Article 2 of the Act on the Selective Control of Narcotics, Etc. concerning Criminal Facts, Articles 300 and 297 of the Criminal Act;

1. Attempted mitigation of crimes under Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted rape)

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the punishment shall be more severe and concurrent crimes resulting from concurrent crimes (the two.).

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