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(영문) 인천지방법원 부천지원 2016.11.04 2016고합194
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim E (name, 35 years old, inn) have been aware of about two years ago through the "F" which is a smartphone-based tank.

1. The Defendant is not a person handling narcotics, etc.

At around 13:30 on July 25, 2016, the Defendant parked in the Defendant’s vehicle located in the “H” restaurant underground parking lot located in Seocheon-gu, Seocheon-gu, Seocheon-si, the Defendant used psychotropic drugs by taking the Defendant into consideration that the victim’s horses are not good for a large number of drinkings on the preceding day, and as such, the Defendant used psychotropic drugs by taking the psychotropic drugs, which are psychotropic drugs, which had been kept under a doctor’s prescription in order to provide influence treatment, into a stroke method, approximately 2 m (20mg).

2. At around 14:15 on July 25, 2016, the Defendant raped the victim by having the victim engage in sexual intercourse once in a manner that, as described in paragraph 1, the victim was unable to be aware of by using the stroke method, which is a psychotropic drug, due to the pharmacological action, and the victim was unable to be aware of by using the stroke method, such as the loss of memory, etc., due to the pharmacological action, and was placed in the quality and speed of the victim.

3. The Defendant taken pictures against the victim’s will using a cell phone (Evidence No. 2) in which the Defendant used the victim’s cellular phone (Evidence No. 2) that lacks recognition due to drugs at the time and place specified in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of witness of each prosecutor's office, the protocol of witness of the police in relation to E;

1. Photographs (ethyl 10mg), prescription details, and medical care benefit details;

1. A report on the analysis of digital evidence;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 61 (1) 5, Article 4 (1) 1, and subparagraph 3 of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes;

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