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(영문) 서울중앙지방법원 2015.11.26 2015고단5996

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant is not a handler of narcotics, etc.

At around 22:00 on September 2, 2015, the Defendant received approximately 0.05 grams of psychotropic drugs from F on the front street located in Yeongdeungpo-gu Seoul Metropolitan Government E, with approximately 0.05 grams of psychotropic drugs from F.

B. On September 9, 2015, the Defendant administered HMoel G in Yeongdeungpo-gu Seoul Metropolitan Government around September 9, 2015, in a manner of dilutioning and drinking philophones that were received from and possessed by F as above, into beer.

2. Around September 9, 2015, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) committed sexual traffic by giving I KRW 600,000 and engaging in sexual intercourse with I around September 9, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of the protocol of examination of prosecution concerning F;

1. Statement to the prosecution of I;

1. Written appraisal of narcotics (Evidence No. 269, No. 339);

1. Application of the Acts and subordinate statutes on internal investigation report (the results of the verification of CCTV inside and outside the Hemoel, etc.), photographs (Evidence Records No. 49 pages);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on the Punishment of Acts of Crimes, Article 21 (1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Mediation for Commercial Sex Acts, Etc., and Selection of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order [the scope of recommendation] sales, good offices, etc. shall be mitigated [the sentencing guidelines are not set for the crimes of violation of the Punishment of Acts of Arranging Sexual Traffic and the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) in August-1 and June] [the special mitigation person] medication, simple possession (the decision of sentence] disadvantageous to narcotics: