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(영문) 서울남부지방법원 2017.04.26 2017고단1272

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On November 1, 2016, the Defendant: (a) opened approximately 0.3g of the cambrophones, a local mental medicine, along with C, opened approximately 101 influorial fluorial fluorites located in the Yeongdeungpo-gu Seoul Metropolitan Government Daelim-dong; (b) opened the cambphones by using a cambrophone inhaler, which is a fluoric mental medicine (hereinafter referred to as “philophones”); and (c) administered the camphones by fasting and inhaleing the vapors from the phiphone inhaler, which is made by raw trees.

2. Around 00:00 on March 14, 2017, the Defendant administered approximately 0.3g opon, along with E, at E’s house located in Yeongdeungpo-gu Seoul Metropolitan Government D and 303, in the same manner as paragraph 1.

3. On March 14, 2017, the Defendant received approximately 0.1g of philopon from E from the above E’s house at around 00:10, around 00:10, the Defendant received and delivered a bill from E on March 14, 2017 (which is written in indictment as of March 14, 2016, but is obviously written in writing).

4. Around 01:00 on March 14, 2017, the Defendant: (a) opened a penphone 0.1g B, which was delivered from G toilets located in Yeongdeungpo-gu Seoul Metropolitan Government F, on the rophone 0.1g of a rophone; (b) opened a rophone on the rophone stuffed area; and (c) administered a rophone in such a way as to inhale the steam generated from a rophone inhaled by raw water disease as soon as possible.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of each police officer in relation to C and E;

1. A response to a request for appraisal, and a narcotics appraisal report;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

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. 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 proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection

1. Although the sentence of Article 334(1) of the Criminal Procedure Act was imposed on August 14, 2014 on the same kind of crime as the sentencing of Article 334(1) of the Criminal Procedure Act, the Defendant committed the instant crime in addition, even though he was sentenced for eight months of imprisonment and two years of suspended execution.