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(영문) 서울남부지방법원 2016.04.27 2016고단735

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 5 to 13 shall be confiscated.

From the defendant, 200.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled the Metropha (one philophone, hereinafter “philophone”) which is a local mental medicine as follows:

1. On September 2015, the Defendant administered a philophone in a manner that inhales smoke from a philostopic 0.05 ghon in the middle of Ansan-si’s residence No. D 206, Ansan-si, and inhales it by using a philothic scopic scopic scopic scopic scopic scopic.

2. On February 14, 2016, the Defendant administered philophones in a manner that inhales 0.03g of philophones on a gambling place at the same place as paragraph (1) at around February 14, 2016, and inhales philophones in a manner that inhales the inhaled smoke from philosters by using it.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. Each protocol of seizure;

1. The application of the relevant Acts and subordinate statutes to correspondences (written requests for appraisal, replys to appraisal and written appraisal);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which the preparation of a sentence is made, and the selection of imprisonment for a crime;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. From 10 to 2 years (the group of narcotics crimes, medication, simple possession, etc., the three types (b) and (c) of the three categories), the basic area] of the recommendation and sentence on the sentencing guidelines according to the standards for multiple crimes: Imprisonment with prison labor for not less than 10 months to 3 years;

2. Narcotics-related crimes are crimes that must be eradicated as serious crimes that destroy their home and society as well as those that cause other crimes.

In light of the results of Madden appraisal or the seized medication tools, the defendant seems to have administered philophones for a long time.

The defendant has a record of three times or more of criminal punishment, including punishment for the suspension of the execution of imprisonment due to violent crimes in the past.