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(영문) 서울남부지방법원 2015.11.03 2015고합207
강도등
Text

A defendant shall be punished by imprisonment for one year.

174 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On December 20, 2014, the Defendant: (a) around 21:10 on December 20, 2014, at the main point of “E” in the operation of the Victim D (Y, 54 years of age) located in Yangcheon-gu Seoul Metropolitan Government, G, who was hospitalized in the F Care Hospital, was placed in the said main point, with G, who was being hospitalized in the F Care Hospital, and her drinking together with the victim.

At around 23:38 of the same day G returned to the hospital after receiving contact on the side of the hospital, and the victim was able to put the G into the beer m m mm in the case of the victim, which was prepared in advance to fill the crepit, and then let the victim end it, and the victim lost his mind due to the pharmacological effect of the stroke m.

Accordingly, the defendant assaulted the victim.

2. The Defendant is not a narcotics handler.

Nevertheless, at the time and place mentioned in Paragraph 1, the Defendant allowed the victim to drink psychotropic drugs by the above method.

Accordingly, the Defendant used a psychotropic drug strokem even though he is not a narcotics handler.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D and H;

1. Protocol of the police statement concerning G;

1. On-site identification reports, reports on results of evaluations with states and water appraisal, response to inquiries, investigation reports (the search and investigation of the opposite party to the Iam and Future business owner who has requested H assistance), and investigation reports;

1. Application of the Acts and subordinate statutes to the Macju/Japan photographs and field photographs;

1. Relevant Article 260 (1) of the Criminal Act concerning the crime (the point of violence), Article 61 (1) 5, Article 4 (1), and subparagraph 3 (d) of Article 2 of the Narcotics Control Act (the point of use of psychotropic drugs);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the provisions of the Act on the Control of Narcotics, etc. with heavier punishment);

1. Selection of sentence on the violation of the Act on the Control of Narcotics, etc.;

1. The collection shall be made by the stroke method in the proviso of Article 67 of the Act on the Control of Narcotics; and

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