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(영문) 서울서부지방법원 2017.05.11 2016고합387

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal history] On September 5, 2014, the Defendant was sentenced to six months of imprisonment with prison labor by larceny, etc. at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on November 19, 2014.

[2] On July 22, 2016, the Defendant: (a) placed the D’CCB car owned by Defendant-gu and parked in the vicinity of the Mapo-gu Seoul Western-dong on July 22, 2016; (b) around that time, the Defendant received medical treatment for traffic accidents; (c) placed in the drinking water the amount of “sethyl melting ice,” containing the remaining mix, which is a ice mental medicine, after taking the treatment for traffic accidents prescribed by the hospital around around the 11st of the same month; (d) laid the drinking water in advance, which contains the ingredients of the ice mix; and (e) had the female enter the club and take the club into the said car, and lost the mind to commit rape.

1. No person who possesses a psychotropic drug, which is a narcotics, under the Act on the Control of Narcotics, Etc. in Violation of the Act on the Control of Narcotics, etc., shall use it for any purpose other than that prescribed by Acts and subordinate statutes;

피고인은 2016. 7. 22. 03:00 경 서울 마포구 E에 있는 ‘F’ 클럽에서 춤을 추고 있던 피해자 G( 가명, 여, 32세) 과 함께 있던 중, 피해자에게 “ 더운데 차에 가서 에어컨 바람을 쐬고, 핸드폰을 충전해 라 ”라고 말하여 피해 자를 클럽 부근에 주차 중이 던 위 ‘ 큐브’ 승용차로 데려갔다.

Since then, the Defendant solicited the victims to drink drinking water containing sethyl melting sluices containing “sluke,” which was prepared in advance at the above vehicle, and had the victims know of such fact drink it, and treated it by using the sluke m for the purpose of rape.

2. The Defendant, at around 04:00 on the same day as the preceding paragraph, drives a car in which the said victim strokes the drinking water containing the mix of the stroke, with his mind aboard, and driving the car.