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(영문) 창원지방법원 2016.03.31 2016고단428

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. No one, other than persons handling narcotics, etc. in violation of Acts on the Control of Narcotics, etc., shall administer any psychotropic drugs;

Despite the fact that the Defendant is not a narcotics handler, the Defendant administered the Mesacule (hereinafter referred to as “philophone”) four times as follows.

A. On January 1, 2016, around 18:00, the Defendant: (a) 307, the house of Changwon-si Mapo-si Mapo-si Mapo-Mapo-si, Changwon-si, Mapo-si, Mapo-si, and (b) d'F', purchased from a person who was unaware of his name, who was aware of through the "F", a smartphone site, injected the Defendant into the water and administered the Defendant's left part.

B. On January 1, 2016, the Defendant administered 0.05g of philophones purchased as above in the same place as around 18:00 (a).

(c)

On January 2016, the Defendant administered 0.05g of philophones purchased as above in the same place as around 18:00 (Ga).

(d)

On February 14, 2016, around 15:00, the Defendant administered 0.05g of the philophones purchased as above in the above manner.

2. On February 14, 2016, from around 18:00 to 24:00 of the same day, the Defendant violated the Act on the Punishment of Acts, Etc. of Arranging sexual traffic (sexual traffic) brought about four male guests and four sexual intercourses found through I, on the condition that I operating an officetel sexual traffic business establishment in the trade name of the above G G building 924 and “H” receive KRW 100,000,000 among the 140,000 won per customer.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with regard to I; and

1. A copy of the I Statement;

1. Each protocol of seizure;

1. A written appraisal of each drug;

1. Each photograph;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 21(1) of the Act on the Punishment, etc. of Acts of Arranging, etc. of sexual traffic (the occupation of each sexual traffic), Article 60(1)2 and Article 4 of the Act on the Control of Narcotics, Etc., concerning criminal facts.