beta
(영문) 서울중앙지방법원 2018.12.06 2018고단4227

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment 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

Defendant is not a narcotics handler.

1. On December 2, 2016, the Defendant, at around 23:00, administered a phiphone in a c “C” guest room located in Gangnam-gu Seoul, Gangnam-gu, by linking two fast strings of pET disease with one of the ctephographs in a inhaled air clurgs (hereinafter “chophone”), and inserting the chophone into the glass pipe, inserting the chophone in the glass pipe, and then taking the chophone into a chophone as soon as possible the opposite side of the postponement arising from the heating of the glass pipe.

2. On March 2017, 201, the person complained against administered philophones in the same manner at the same place as indicated in the foregoing paragraph 1 at around 23:00 on the first-come-served date.

3. The Defendant from around May 19, 2017

5. 21. At the place described in the foregoing paragraph 1, the philophone dose was administered in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

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, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Although the crime related to narcotics for the reason of sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. is to be punished strictly in light of the relevant social harm, the defendant does not have the same criminal history and will not repeat again;

Taking account of the fact that the court has broken down in this court, and taking into account the records of the defendant's age, sex, environment, etc. and the circumstances that form the conditions for the sentencing specified in the argument of this case, the sentence shall be determined within the scope of the sentence specified in the sentencing guidelines and the execution of the sentence shall be suspended.