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서울북부지방법원 2017.12.20 2017고단3371

마약류관리에관한법률위반(향정)

Text

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

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

Reasons

Punishment of the crime

No person, other than narcotics handler, shall administer Metepopa (one philophone, hereinafter referred to as "philophone") which is a local mental medicine, and the defendant and C are not narcotics handler.

1. The Defendant and C, on October 2015, put approximately 0.07g of philopon into a single-use clopon, dilution into a single-use clopon and with the consent of the Defendant, injection into the Defendant’s arms and cpopon.

Accordingly, the Defendant conspired with C to administer philophones.

2. The Defendant, in collusion with C, moved “F” hotel in the former E on the same day as that set forth in the preceding paragraph, and C administered phiphonephones by injecting approximately 0.07 ghon to the Defendant in the same way.

3. On November 2015, the Defendant, in collusion with C, administered philophones by injecting approximately 0.07g of philophones to the Defendant in the same manner as the preceding one, in collusion with C, at the dwelling of Gangnam-gu Seoul Metropolitan Government Gtel 203, Gtel 203.

4. The Defendant conspired with C in collusion with C at the same place on the following day of the preceding three paragraphs, and C in the same manner as in the preceding one, by injecting approximately 0.07 g of philophones to the Defendant in the same manner as in the preceding one.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol (including copies thereof) with respect to C;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 3, and Article 2 of the Act on the Management of Narcotics, Etc., which are the choice of punishment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Class 2 of Article 67 of the Act on the Control of Narcotics, Etc. has no basic area (10 to 2 years) (10 to 3 years) of the Act on the Management of Narcotics, Etc. for sentencing (the scope of recommended punishment) for the following reasons: 3 types (2) of the Act on the Management of Narcotics, Etc. for the Sentencing (the scope of recommended punishment), including medication, simple possession, etc.