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(영문) 인천지방법원 2016.06.16 2016노1039
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

(a) there is no satisfy that contains a philopon to misunderstanding of facts D;

B. The sentence sentenced by the court below to the defendant (4 months of imprisonment) is too unreasonable.

2. Determination

A. 1) We first examine the credibility of D’s statements in this case where the Defendant and D’s statements conflict with each other.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, D's statement is reliable:

(1) D as a woman of 25 years of age at the time, D was diagnosed with Grade III of intellectual disability on January 9, 2009.

② A consistent statement was made to the following purport regarding the core content of the instant facts charged since an investigative agency to the court below’s trial.

The first day ( February 5, 2015) of the defendant's first day on the house of the defendant, depending on the fact that the defendant was able to drink with a mobile phone.

At the time, the defendant's punishment (E) was dyped in the house, but the punishment was dyped in the bed, and the defendant and the two dypians dyp in the bed.

After the coffee was cut, the chest was frightened to the two sides and the part was good.

Gabling had been up, and was a part left in the name.

The flag has long been long.

The climatic part was the kind of the climatic part before the climatic part.

And sexual intercourse with the defendant was made.

After that, while staying in the house of the defendant, the defendant administered philophones like the defendant, E, and sexual intercourse was made.

Although the Defendant did not speak on February 5, 2015 on the day, it was later known that he first made a philopon by providing the phrase “injecting a drug into a coffee.”

Defendant uses a narcotic offender who reads that he / she will cover a phiphone in the other party’s alcohol, coffee, etc. (hereinafter “the other party’s alcohol”).

정확한 용어는 ’ 뽕 당‘ 이 아니라 ’ 퐁당‘ 이다) 이라는 말도 알려 주었다.

(3) The symptoms shown in D's body after drinking a coffee shall be administered in philophones.

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