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(영문) 서울서부지방법원 2016.08.23 2016고단1804

마약류관리에관한법률위반(향정)

Text

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

10,000 won shall be additionally collected from the defendant.

The above additional collection shall be made to the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, and is not a person handling narcotics, and is not a person handling narcotics, nor is he/she receive or administers clophophones (the cophophone "copphones"; hereinafter referred to as "copphones").

1. On March 13, 2016, the Defendant, at around 18:00, sent a trade influorial letter near the Mapo-gu Seoul Metropolitan Government Joint-dong, the Defendant: (a) decided to receive, without compensation, a fluoral phone influorous volume (a quantity of approximately two salt alpphones) stored in a gambling site, in which the sales volume of the name influorial phone, known through the search, which is an Internet site, was stored; and (b) received and received the fluoral phone.

2. Around 22:00 on the same day as the preceding paragraph, the Defendant administered phiphones in a manner that inhales the bottom of the philoopon by heating the phiopon from the emergency stairs of 105, 3rd floor of Mapo-gu Seoul Metropolitan Government apartment buildings, such as the preceding paragraph, and heating the bottom of the phiopon into a string and inhales the steam.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Investigation report (the photographing of a gambling place held by the person under investigation), investigation report (the sampling report made by the person under investigation is made against the person under investigation);

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (referring to receipt of phiphones and provision of medication), and selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 48(1)1 and (2) of the Criminal Act, the proviso to Article 67 of the Narcotics Control Act [Ground: Investigation report (Report on the calculation of a surcharge), and the proviso to Article 67 of the Act on the Control of Narcotics, Etc.];

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended sentence;

(a) Basic area for administration of philophones: Imprisonment with prison labor for not less than ten months nor more than two years; and

(b) Areas subject to mitigation of delivery of philophones: Imprisonment for not less than eight months nor more than one year and six months; and

C. From 10 months to 2 years after multiple crimes have been committed.

2. The Defendant who was sentenced to punishment on July 2, 2015.