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(영문) 광주지방법원 2021.01.28 2020고단4233
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for a term of one year and nine months.

80,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[criminal history] On February 10, 2017, the Defendant was sentenced to one year of imprisonment and two years of suspension of execution as a crime of violation of the Narcotics Control Act at the Suwon Franchi, and the Defendant was sentenced to ten months of imprisonment with prison labor for the same crime in the same court around February 8, 2018, and the said judgment became final and conclusive on August 7, 2018, and the sentence of the said suspension of execution became void and the execution of the final sentence was completed in the Chuncheon prison on April 30, 2019.

[2] Notwithstanding the fact that the Defendant was not a handler of narcotics, the Defendant treated the Megatocule, which is a local mental medicine (hereinafter “philophone”), despite the fact that he was not a handler of narcotics.

1. Joint crimes committed by the defendant, B, and C;

A. On August 1, 2019, the Defendant: (a) proposed that he had a sexual intercourse with C on August 1, 2019 at the Defendant’s residence located in the Suwon Eel Lake at KRW 20:30,00; and (b) proposed that he had a sexual intercourse with C at the same time with C; (c) that “a sexual intercourse after he administered a scopon” was “defect; (d) he saw a scopon from C to put a scopon into the said scopon containing a non-fopononon; and (e) injected the scopon into one’s arms; and (e) injected a scopon into one’s arms that intended to administer a scopon with a scopon using the same method as a scopon containing a non-fopon.

Accordingly, the Defendant, in collusion with B and C, administered philophones.

B. On August 19, 2019, the Defendant, at around 08:20 on August 19, 2019, proposed the proposal as referred to in the foregoing paragraph (a) to B at the residence of the above F apartment of the Nam-gu Incheon Metropolitan City, and the above C at the residence of the above C, with a shotphone containing a large amount of shotphone from C, puts into the above shotphone, melting the shotphone into one’s arms, and injected the shotphone into one’s arms, and administered the shotphone in the same manner, with which he/she decided to administer the scalphone together.

Accordingly, the Defendant, in collusion with B and C, administered philophones.

2. Defendant, B, and H’s joint crimes are jointly committed with the hotel I in Suwon-si around April 18, 2020.

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