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(영문) 서울동부지방법원 2017.04.14 2017고단443

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 3 shall be confiscated.

from the defendant 50,000.

Reasons

Punishment of the crime

Defendant is not qualified to handle narcotics.

1. On October 2016, the Defendant, via the Internet, proposed the Defendant to purchase the name-free boxes (Crop ID D-use) and remitted 500,000 won to the Defendant, using the Internet (Crop ID D-use) and used the volume of 0.41g price for the Meptopists, kept by the name-free persons in the household in Songpa-gu Seoul E-type, Songpa-gu.

2. Medication of Metropha;

A. On November 1, 2016, the Defendant, at around 09:00 on the first half of 2016, stored 0.03g price among the Mepters purchased as above in the Defendant’s residence of Songpa-gu Seoul F 202, in coffeeped them into a coffee contained in the instant instant cup, and administered Mept cacs in a mathic method.

B. Around 09:00 on January 29, 2017, the Defendant administered a dose of 0.03g g Meptians at the above place in the foregoing manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 48 (1) 1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act;

1. A crime of Category 1 [the scope of a recommendation] for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: a crime of Category 3 [the scope of a recommendation] for sentencing; a person subject to special aggravated punishment; a person subject to aggravated punishment; a person subject to aggravated punishment; a person subject to aggravated punishment; a person subject to aggravated punishment; a person subject to aggravated punishment; a person subject to aggravated punishment; a person subject to aggravated punishment; a person subject to aggravated punishment; a person subject to aggravated punishment; a person subject to aggravated punishment; a person subject to aggravated punishment; a person subject to aggravated punishment; and a person subject to aggravated punishment (a person subject to special aggravated punishment; (b) and (c); and a person subject to suspended punishment for not less than three years) [the scope of a recommendation] for the crimes of Category 3 [the scope of a punishment] for medication; a person subject to aggravated punishment (a person subject to aggravated punishment; (b) and (c) for not more than one year; and a person subject to suspended execution for not more than three years;