beta
(영문) 인천지방법원 2017.08.30 2017고단951

준강제추행등

Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

The defendant is not a person dealing with narcotics, and is not a person dealing with narcotics, and is not a ethyl lux (in the stroke m).

1. On July 1, 2016, the Defendant received ethyl oxides by receiving ethyl melting 2 from E, around 03:00, at around 03:0, 505 of Dong buildings A in Bupyeong-gu Incheon, Incheon, and E.

2. The Defendant, at the same time and place as paragraph 1, delivered ethyl ethyls (gins: strokes) to F without compensation, as set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the witness F;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A certificate of medical treatment and a feet for medical treatment (E);

1. Application of Acts and subordinate statutes to narcotics appraisal certificates and legal chemical appraisal certificates;

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Crime and Selection of Punishment, and Articles 61 (1) 5, 4 (1) 1, and 2 subparagraph 3 (d) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Selection of Imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing Criteria (the scope of final sentence due to aggravating multiple offenses): Purchasing or receiving for medication, simple possession, etc. (one month to eight months), in the mitigated area (one month, or one month, or one month, or one year, or one year, or one year, or one year: Purchase or receiving for simple possession, etc.) in the mitigated area (one month to eight months, or one year, or one year, or another);

2. The Defendant, even though not the handler of narcotics, received the medicine of the stroke mm ingredients that requires doctor's prescription, and even if he was well aware that there was a very strong experience in taking the medicine, this was first met on the day of the instant case. According to the Defendant's assertion, the Defendant once again provided the other party in a state of drinking more than 10 sick times. The Defendant's liability for the crime is not weak.

Therefore, the defendant is sentenced to imprisonment.

(b).