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(영문) 대전지방법원 서산지원 2018.02.20 2017고단767

마약류관리에관한법률위반(향정)등

Text

1. The punishment of the accused shall be ten months of imprisonment;

2. To confiscate subparagraph 1 of seized evidence;

3...

Reasons

Punishment of the crime

[2017 Highest 767] No person, other than a handler, shall sell, possess, possess, or administer a psychotropic drug.

Defendant is not a narcotics handler.

Nevertheless, at around 03:00 on August 27, 2017, the Defendant purchased from E from the Defendant’s office toilets located in Jinjin-si on August 27, 2016, and put approximately 0.03g (one column), which was hidden mental medicine, into a disposable injection machine, and then injected one time in the right-hand part of the Defendant.

[2018 Height 47] On July 19, 2017, the Defendant: (a) 16:30 on July 19, 2017, on the ground that the Defendant entered and work at this site of the victim W ( South, 54 years old) who is the representative director of the V, Co., Ltd., the Defendant used the breath’s breath by hand; (b) X used the breath of the victim’s head by hand; and (c) assaulted the victim’s left bridge part of the victim’s left bridge on the right edge.

Accordingly, the defendant assaulted the victim jointly with X.

Summary of Evidence

[2017 Highest 767]

1. Statement by the defendant in court;

1. Statement made by the police against Y;

1. A protocol of seizure and a list of seizure;

1. A written report on the investigation (or a verbal reply as a result of the appraisal of the reaction to the training of phiphonephones) on the urine inspector;

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against X;

1. Each police statement with respect to the Z, W, or F;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Relevant Article of the Act on the Management of Narcotics, etc., Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Punishment of Violences, etc., Article 2 (2) 1 of the Punishment of Violences, Etc., Article 260 (1) of the Criminal Act (a point of joint assault) and each choice of imprisonment with prison labor;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (Calculation of Additional Charges);

1. The order of provisional payment;