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(영문) 서울중앙지방법원 2016.04.07 2016고단885

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence Nos. 7 and 8 shall be forfeited from the accused.

Reasons

Punishment of the crime

[B] On December 20, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul High Court on December 20, 2012, and completed the execution of the sentence on November 29, 2014.

[2] Notwithstanding the fact that the Defendant was not a handler of narcotics, the Defendant administered and purchased the Megatocule (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On January 30, 2016, the Defendant injectedd D’s toilets adjacent to D’s office in Dongdaemun-gu Seoul, in a way of dilution and dilution and dilution into the instant cups containing approximately one minute of philophones (one minute).

2. Around February 2, 2016, the Defendant, at the same place as the above 1. Paragraph (1) of the same Article, injected it by inserting and dilution it into the instant World Cup in which there are approximately one minute of philophones (one minute).

3. Around February 3, 2016, the Defendant purchased approximately one million won from the above D’s office and approximately three grams of philophones by using a philophone.

4. On February 3, 2016, around 16:00, the Defendant administered F hotel 607 in Jongno-gu Seoul, Jongno-gu, by inserting and dilution approximately 0.3g of philophones into coffee and dilution it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Seizure records;

1. Investigation reports (report on the results of response requests made by respective countries for appraisal);

1. Previous convictions in judgment: Application of a reply to inquiry, copy of the judgment, personal identification, and current status of acceptance, such as criminal history;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Handphones seized at the purchase price of 300,000 won for three-time medications: the proviso of Article 67 of the Narcotics Control Act (967,000 won = 300,000 won for three times; and