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(영문) 서울북부지방법원 2018.01.12 2017고합139
준강간등
Text

A person shall be punished by imprisonment with prison labor for one year for a crime as provided in the judgment of the defendant, and imprisonment with prison labor for a crime as provided in the judgment of the court.

Reasons

Punishment of the crime

[Criminal Records] On August 25, 2016, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Eastern District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and the judgment was finalized on March 21, 2017.

[Criminal facts]

1. No person, other than a person dealing with narcotics of 2017 Gohap 139, shall administer Metropha (one philopon; hereinafter “philopon”), which is a local mental medicine, and the Defendant is not a person dealing with narcotics.

A. On March 31, 2017, the Defendant administered philophones in the “Eel” guest room located in Dobong-gu Seoul Metropolitan Government, Dobong-gu Seoul, by means of drinking alcohol, approximately 0.1g of philophones purchased from the preceding F.

B. On April 14, 2017, at around 23:00, the Defendant saw approximately 0.1g of oponphones purchased from H station toilets located in Gangseo-gu Seoul Metropolitan Government G from F on the same day, and continuously administered approximately 0.1g of opons over three occasions in total at around 22:00 on April 15, 2017 and around 22:00 on April 16, 2017, at the main point of “L” located in Dobong-gu Seoul Metropolitan Government K, and at around 0.1g of opon phoness purchased from each of the aforesaid points of “L” stations located in Dobong-gu Seoul Metropolitan Government, Dobong-gu Seoul, for administration of opons over three times in total.

2. No person other than a person dealing with narcotics of 2017 Gohap 152 shall administer phiphones which are a local mental medicine, and the defendant is not a person dealing with narcotics;

On December 13, 2016, around 19:00, the Defendant administered a phiphone in front of the N'N's restaurant located in Seoul Special Metropolitan City, Nowon-gu, by paying KRW 100,000 to the seller of the philophone who purchased 0.03g price of the philophone purchased by using the Internet, and driving the philophone on the beer.

3. On December 15, 2016, the Defendant: (a) around 21:33, on December 2015, 2016, the Defendant driven a O-low vehicle without obtaining a driver’s license in the section from the front side of the new East-dong apartment complex in Dobong-gu Seoul Metropolitan Government, Seoul, to the front side of the police box located in 139 on the same street from the front side to the front side of the police box located in the same street.

4. The Defendant of "2017 Gohap 160" around August 28, 2013.

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