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(영문) 광주지방법원 2017.12.15 2017고합271
강간등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A

A. Even if the Defendant is not a narcotics handler, the Defendant received from “G pharmacy” located in F at the Naju City, around October 2016, the Defendant received a stroke from B, who is in charge of pharmaceutical support affairs, without prescribing 10 minutes of a stroke-m (waters)-containing drugs (waters) containing the stroke-m.

B. The Defendant and H (V, 44 years old) were known from around 2014 to know.

On May 29, 2017, the Defendant purchased a ice coffee at the convenience store located in I at Naju City on May 29, 2017, and dilutiond 2 eggs from the number of exemption containing the stroke m in the stroke m. On the same day, the Defendant used H from the Lsch Rex straw car parked on the road located in J at Naju City at around 18:20 on the same day by allowing H to run the ice coffee with the above exemption.

2. Although Defendant B is not a narcotics handler, the Defendant provided the “G pharmacy” located in the G pharmacy at B, around October 2016, to A without a doctor’s prescription for 10 exemption from the number contained in the stroke m, which is a local mental medicine.

Summary of Evidence

1. Defendants’ respective legal statements

1. The legal statement of H;

1. Investigation report (the place where the crime is prepared, the tool of use, etc.);

1. Application of Acts and subordinate statutes of a summary appraisal report;

1. The Defendants of the relevant legal provisions and the choice of punishment for criminal facts: The Defendants of the relevant criminal facts: Articles 61(1)5, 4(1)1, and 2 subparag. 3(d) of the Narcotics Control Act (the choice of each imprisonment with labor);

1. A aggravated defendant for concurrent crimes: the aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with respect to the crimes specified in Article 1-2 of the Act on the Control of Narcotics, Etc., as stated in paragraph (1) 1-2 of the same Article];

1. Defendant B of the suspended execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing specified below);

1. Reasons for sentencing of additional collection (in cases of receiving and receiving water surface without compensation, the collection shall not be made);

1. The scope of punishment;

(a) Defendant A: Imprisonment with prison labor for one month to seven years;

(b) Defendant B: Imprisonment with labor for one month to five years;

2. The application of the sentencing criteria.

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