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(영문) 서울중앙지방법원 2015.10.08 2015고단4825

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

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

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant is called as a psychotropic drug handler, a Mesophopon (hereinafter referred to as “philoopon,” as follows:

I dealt with this issue.

1. On August 2014, 2014, the Defendant administered philophones by having C put the volume of phiphones into a single scopon in the dwelling of the Defendant, Gangnam-gu Seoul, Seoul, 1801, and by dilution with aquatic dilution and injecting the Defendant’s arms.

2. Around December 2014, the Defendant administered philophones by having C in the vehicle of Category C parked in a non-fluorial area of Gangnam-gu Seoul, Seoul (hereinafter referred to as the “Seoul”), in a single-use injection instrument, dilution with the birth of the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of examination of suspect C by the prosecution;

1. Application of Acts and subordinate statutes to a request for appraisal or an additional reply;

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The grounds for sentencing [the scope of recommended sentences] 1 and 2 crimes (the range of recommended sentences] 1 and 3 (b) of the Act on the Control of Narcotics, etc. subject to Additional Collection and Provisional Payment Order: the proviso of Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection and Provisional Payment Order; Article 334 (1) of the Criminal Procedure Act / [the grounds for calculation : 200,000 won = 10,000 won per philophone x 2 times] : The final sentence scope due to the aggravated total of basic areas (b) from October to 2 of each 10 - the three years of medication, simple possession, etc. (c) : October to three years [the sentence] following the sentence] shall be determined within the scope of recommendation by comprehensively taking into account the sentencing conditions shown in the trial process of this case, such as the defendant's age, character and behavior, family relationship, home environment, motive and means of the crime, and the circumstances after the crime.

Unfavorable circumstances: Personal and household crimes related to narcotics.