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(영문) 수원지방법원 안산지원 2013.05.08 2013고단781

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

At around 22:05 on August 14, 2012, the Defendant: (a) laid down one psychotropic drug at the floor, which was in custody of the 7th floor of Ansan-si C Care Center at the 7th floor area; (b) laid down a psychotropic drug at the stroke-si, Ansan-si; (c) laid down a stroke-type, which was located in the air conditioners, and opened a stroke-type, cut off one lid; and (d) laid down the stroke-type, cut off the stroke-type, and performed a work together, and caused D to do so.

Accordingly, the defendant delivered D stroke-mm to D by the above method.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Requests for appraisal;

1. A report on investigation;

1. Application of Acts and subordinate statutes to photographic records;

1. Article 61 (1) 5 and Article 4 (1) of the Act on the Control of Narcotics, Etc., for the Establishment of Relevant Acts and the Selection of Punishment, etc., and Selection of Imprisonment;

2. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession and reflect on the crime in this case, the agreement with the victim on the charges of indecent act by compulsion, and the fact that the defendant is the first offender);

3. Article 62-2 (1) of the Criminal Act, Article 59 (1) of the Act on Probation, etc.

4. Rejection portion of the proviso to Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

1. On August 14, 2012, at around 23:35, at the place indicated in paragraph (1), the Defendant committed an indecent act against the victim D (the 51-year-old age-5) by having the victim d (hereinafter referred to as the “victim”) take a spuck in a way that the victim can not resist by drinking spucks containing spucks, and by inserting hand inside the victim’s panty, making the victim spucks and spucks, and inserting his fingers into the part of the victim’s panty, and inserting his fingers into the part of the victim.

2. This part of the facts charged is a crime falling under Article 298 of the Criminal Act, which can be prosecuted only when a victim files a complaint under Article 306 of the Criminal Act. According to the written agreement on the preparation of a victim filed in the records of this case, the victim is on April 2013.