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(영문) 서울중앙지방법원 2017.05.18 2017고단216
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

The Defendant, around September 21, 2016, at “E” located in Gangnam-gu Seoul Metropolitan Government D around September 21, 2016, lost the awareness of women by taking advantage of the gaps among toilets and thereby lose the awareness of women.

“A person who, under his/her name, was on board his/her string with his/her will to take in his/her officetels, and on the stroke malm, he/she prepared in a provoking, he/she was on board a stroke m. at the seat of his/her female.

However, the defendant, however, is boarding by the female whose name is unknown from the toilet to the lower male (defendant).

“Alonging the word “,” the crime was not committed, and the intent was not achieved, and the crime was attempted.

Accordingly, the defendant attempted to use a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Application of G dialogue expertise and prescription statutes;

1. Article 61 (3), Article 61 (1) 5, Article 4 (1) 1, and subparagraph 3 (d) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes (or the choice of imprisonment with prison labor);

1. Determination as to the defendant's assertion under Article 62 (1) of the Criminal Code of the Suspension of Execution

1. The Defendant asserts that the use of a native mental medicine does not constitute a crime because he/she did not commence.

In light of the interpretation of the criminal plan and the constituent requirements, it is sufficient to start the act including realistic risks leading to the realization of the constituent requirements, not to require the act of partially realizing the constituent requirements.

Comprehensively taking account of the above evidence, the Defendant formulated a plan by which F would be allowed to sleep the F to drink the mm, and the Defendant also saw F to the rest of F’s spoke-m between F and F on the rest of F’s spoke-m, and f would also go to the toilet, and F would return from the toilet to the toilet, and thereafter, f would also have been seated on the toilet.

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