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(영문) 서울중앙지방법원 2016.04.27 2016고합124
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 4, 2013, although the Defendant was not a narcotics handler, the Defendant agreed to enter into a sex relationship at the guest room in Gangnam-gu Seoul Metropolitan Government “Eel” (hereinafter “Eel”), F (n, 16 years of age), G (n, 19 years of age) on the condition that 1.50,000 won should be paid, and then, the Defendant added the non-explosion of the mecopic mecopic mecopty (hereinafter “copon”), which is a local mental medicine, into the mecopic mecopic dys of his arms and F, and continued to dilution with the mecopic mecopic volume of drinking water.

Accordingly, the Defendant, in collusion with F and G, administered philophones.

2. The Defendant violated the Act on the Punishment, etc. of Acts, such as brokerage, etc. of sexual traffic, concluded a sexual relationship with G and F at the time and place stated in the preceding paragraph, and paid 150,000 won in return.

Accordingly, the defendant committed sexual traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Copy of each protocol concerning the examination of suspect of the police against F and G;

1. Report of investigation (F prosecutor's office and public trial, confirmation of the content of the prosecution's order), investigation report (based on calculation of additional collection charges) and application of Acts and subordinate statutes attached thereto;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, Article 4 (2) 3 (b) of the Act on the Selection and Management of Narcotics, Etc., Article 30 of the Criminal Act, Article 21 (1) of the Act on the Punishment of Acts, Including Mediation for Commercial Sex Acts, Etc., and Articles 21 (1) of the Act on the Punishment of Acts, Including Mediation for Commercial Sex Acts, Etc.

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of the sum of the length of each of the crimes above the punishment as provided for in the most severe violation of the Narcotics Control Act];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, the proviso to Article 62 (2) of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Courses;

1. Matters concerning the management of narcotics in addition to collection;

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