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(영문) 창원지방법원 2014.09.30 2014고단1313

마약류관리에관한법률위반(향정)등

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1. The defendant shall be sentenced to six months of imprisonment and one year and four months of imprisonment with prison labor for the crimes set forth in the judgment of the court below.

Reasons

Punishment of the crime

On September 18, 2007, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Changwon District Court on April 23, 2008, and completed the execution of the sentence in the medical prison on April 23, 2008, and on January 12, 2012, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Busan District Court on September 10, 2012 and completed the execution of the sentence in the Busan Detention House on September 10

1. 상해 피고인은 2010. 8. 22. 19:00경 김해시 C에 있는 ‘D나이트클럽’ 뒤편 상호불상의 청소년게임장에서, 피고인보다 20세가 더 많은 피고인의 지인인 피해자 E(50세)에게 “씹할 놈아, 너 죽으려고, 내 전화 왜 안 받아 나한테 스트레스 주냐”라고 말을 하였다가, 피해자로부터 “내가 너 아버지뻘인데 동생한테 말하듯이 그렇게 하면 되냐”라는 말을 듣자 화가 나, 발로 온몸을 수회 걷어차 피해자에게 약 10일간의 치료를 요하는 등 부위 등 다발성좌상을 가하였다.

2. Around 23:00 on May 9, 2014, the Defendant violated the Act on the Control of Narcotics, etc. (fence) declared approximately 0.03gg of psychotropic drugs in a single-time injection machine and administered them by inserting approximately 0.03g of psychotropic drugs in a car driven by the Defendant, who stopped in the vicinity of the Mando basin located in the Dong-dong in Kimhae-si, Kimhae-si (hereinafter referred to as “one-time philopon”).

Summary of Evidence

"Offences of the 1sto-si"

1. Partial statement of the defendant;

1. Legal statement of E;

1. Partial statement of F;

1. Appraisal commission and reply [The defendant and his defense counsel asserted self-defense, but, through the above evidence, the victim's gathering of a closed atmosphere to oppose the defendant's attack was not to the extent that it could be a big threat to the defendant, and in addition, since the defendant's act was merely an act that occurred in response to the price of the victim's attack, it cannot be accepted.]