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(영문) 서울남부지방법원 2017.09.13 2017고단3013

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

60,000 won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

On April 14, 2017, the Defendant was sentenced to three years of imprisonment for a violation of the Narcotics Control Act at the Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and the judgment was finalized on July 14, 2017, and is not a narcotics handler.

1. The Defendant, at the end of September 2016, administered rophonephones by inserting 0.6 g of Mebatop (one philopon; hereinafter “philopon”), which is a local mental medicine medicine that the Defendant purchased and possessed from his name in Geumcheon-gu Seoul Metropolitan Government (one amblopon; hereinafter “Wlopon”), along with D, at the end of 0.6 g of ambatop, and inhales the smoke generated by heating the Ra as soon as possible with water.

2. On October 16, 2016, the Defendant requested D to seek phiphones from the places indicated in paragraph (1) at around 16, 2016, and contacted the nameless winners (one name E) with the request to seek phiphones through F, a mobile Meet, and then requested D to deposit 300,000 won in the account designated by D, and around 18:00 on the same day, the Defendant sought 0.8g of phiphones concealed by the nameless winners in the front of the H hotel located in Geumcheon-gu Seoul Metropolitan Government, and arranged to trade phiphones between the nameless and D by means of sending them to D at the places described in paragraph (1).

3. On October 16, 2016, the Defendant administered D, along with D, at the places described in paragraph (1) around October 16, 2016, in the same manner as paragraph (1) 1, 0.3g of philophone 0.3g where D had been in possession of the same background as that described in paragraph (2).

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a protocol concerning the examination of suspect with regard to D (No. 1, 2 times);

1. A statement on narcotics appraisal;

1. A report on investigation (related to an additional collection charge);

1. Previous convictions: Inquiry of case summary information and application of the text of the judgment;

1. Article 60(1)2, Article 4(1)1, and subparagraph 3(b) of Article 2 of the Act on the Control of Narcotics, Etc. concerning facts constituting an offense

1. Imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.