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(영문) 서울중앙지방법원 2014.08.21 2014고단4198

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for four months.

10,000 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional charges shall be made.

Reasons

Punishment of the crime

On January 8, 2013, the Defendant was sentenced to a suspended sentence of two years in the Chuncheon District Court for the crime of forging official documents, etc. on August 8, 2013, and the said judgment became final and conclusive on August 1, 2013, and is currently in the grace period.

Although the Defendant did not have a license to handle narcotics, the Defendant had a sexual relationship after taking the psychotropic drug clocks (hereinafter “clickphones”) to the J (I, I,) known at the phone, with the intention of having a sexual intercourse.

Accordingly, around April 25, 2014, the Defendant: (a) laid off a fluoron from “G” telephone in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City F, and caused his female to drink it.

Accordingly, the defendant used philophones.

Summary of Evidence

1. Legal statement of the witness J;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of prosecutorial statement to J;

1. Results of the legal expert appraisal;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Report on investigation (calculated of an amount additionally collected);

1. Previous convictions in the judgment: Criminal records and investigation reports (report on the results of the previous disposition and the confirmation of the date of release) (the defendant asserts that the crime is denied, and that the J has been administered with a different channel. Thus, the defendant does not directly witness the mixture of phiphones. However, if the J had already administered phiphones on different routes, the credibility of his statement is recognized in that there is no reason to inform the defendant of his/her danger of punishment, and that there is no reason to inform him/her of his/her act, and that the response of phiphones from the urine of the J is caused by the defendant's act).

1. The choice of imprisonment or imprisonment under Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is written.