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(영문) 서울중앙지방법원 2017.08.24 2017고단3948

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 25, 2016, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Narcotics Control Act (competence) in support of the Sungnam branch of Suwon branch of Suwon branch of Korea. On May 14, 2017, the Defendant completed the execution of the sentence.

[Criminal Facts]

1. On June 1, 2017, the Defendant daton administration (hereinafter referred to as “catonon”) daton on a coffee around 18:00, around 18:00, in Seoul Dongdaemun-gu, approximately 0.05g g of opon, which is a mental medicine in Dongdaemun-gu Seoul, baton on a coffee.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

2. At around 11:25 on June 2, 2017, the Defendant, holding a phiphone, with approximately 0.22 g of philopon on the front of the Felon located in Seongdong-gu Seoul Metropolitan Government.

Accordingly, the defendant possessed a philophone even though he is not a narcotics handler.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure, list of seizure, on-site photographs, and photographs of seized articles (No. 3-6 No. 500);

1. A report on investigation (related to the designation of a place where a suspect phiphones are administered), a photograph of the closure of a place where a suspect phiphones are administered;

1. Report on the results of preliminary experiment on narcotics, report on investigation (referring to the country and results of appraisal on the seized objects No. 1 of the evidence), report on investigation (referring to the country and results of appraisal on the climatic side of the suspect), and report on investigation (referring to the country and results of appraisal on the hair of the suspect);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of a copy of the judgment);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The basic area (0-2 years from October to 3) of the Act on the Control of Narcotics, Etc. is the scope of the recommended punishment [the scope of the recommended punishment] under the sentencing guidelines under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (Additional Collection of 100,000 won for a single philopon).