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(영문) 창원지방법원 2017.02.02 2015고단1790

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. The Defendant, around 04:00 on June 21, 2015, was aware of the fact that: (a) around 04:0, the five story “Eel” 509 of the building D in Sungwon-si, Sungwon-si; (b) F and F, a singing-ro, a singing-ro, had a sexual intercourse with F, and F, had a sexual intercourse; and (c) was aware of the fact that F, a mert cloptye (hereinafter referred to as “copon”) f, a mental medicine, had a sexual intercourse.

F has provided philophones by allowing them to be f to do so.

2. From Jun. 23, 2015 to Jul. 2, 2015, the Defendant administered the scopon’s scopon volume by means of drinking or injection, etc. at the window G of Changwon-si, and at the Defendant’s house below the house of 102 Dong 2105.

Summary of Evidence

1. Each legal statement of the witness F, H, I, J, and K;

1. Each police statement made to F, H, and I;

1. Each internal investigation report and each investigation report;

1. Each request for appraisal, reply to further requests for appraisal, each narcotics appraisal report, data related to maternity appraisal, and the second appraisal report;

1. A reply to each fact-finding inquiry;

1. Application of the Acts and subordinate statutes to the victim's mobile phone text conversation photographs, and a simple test picture;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

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. Determination on the assertion by the defendant and his/her defense counsel under the proviso of Article 67 of the Act on the Management of Narcotics, Etc.

1. A violation of the Act on the Control of Narcotics, etc. Caused by Provision of Handphones;

A. The Defendant and the defense counsel: (a) even though the Defendant did not provide F with philophones, the Defendant administered philophones by its own person; or (b) reported that philophones have been administered by the Defendant at least after the philophones have been administered in other places;

It denies the provision of philophones.

B. The following facts are acknowledged according to the above evidence.

① Defendant and F shall be referred to as “L.” for the operation of the I on the three floors of the Sungwon-si D Building on June 21, 2015, 02:00 p.m.