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(영문) 수원지방법원 2014.12.18 2014고합622
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is the husband of the father of the child who is the victim C (n't, 27 years of age) and is the family relationship with the victim.

1. Around 23:00 on August 30, 2013, the Defendant violated the Act on the Control of Narcotics, etc. (flavoring) provided that, even though he is not a narcotics handler, the Defendant sent the same to the above C, who was aware of the fact, on a coffee, that he was in possession of the psychotropic drug in front of the stroke-dong, a strokem, a strokem containing the strokem.

Accordingly, the Defendant used the psychotropic drug stroke method.

2. The Defendant, on March 31, 2013, tried to commit rape in the DYFa, which was parked in the 308 YFasi-dong, Seocheon-gu, Seocheon-gu, Seocheon-gu, YFari-si, Sincheon-gu, Magcheon-si, and the 308 YFari-si, in a manner like the above 1. The Defendant tried to commit rape with the victim, who was related to the victim by getting the victim exempted from the number containing the psychotropic drug strokem to lose his mind, thereby making the victim unable to resist, but the victim tried to commit rape with the victim's chest while demanding the sexual relationship with the victim again, who was the victim again. As the victim refused to do so, the Defendant voluntarily suspended the crime and attempted to commit the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written complaint filed by C and a written statement;

1. A report on investigation (Evidence Nos. 4) and each investigation report (Evidence Nos. 14, 15);

1. Recording notes, sound recording CDs;

1. Application of Acts and subordinate statutes to diagnosis and treatment fees and prescriptions;

1. Article 61 (1) 5, Article 4 (1) 1, subparagraph 3 (d) of Article 2 and Article 15 and Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning Crimes (the use of psychotropic drugs and the choice of imprisonment)

1. Any attempt to suspend under Articles 26 and 55 (1) 3 of the Criminal Act, which is statutory mitigation;

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