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(영문) 서울중앙지방법원 2016.01.29 2015고단3324 (1)

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 25, 2015, the Defendant was sentenced to a suspended sentence of 10 months for a violation of the Narcotics Control Act at the Seoul Western District Court on October 25, 2015, and the said judgment was finalized on December 3, 2015. On November 26, 2015, the Defendant was sentenced to a suspended sentence of 1 year and 6 months for a violation of the Punishment of Violences, etc. Act at the Seoul Southern District Court, and the said judgment became final and conclusive on December 4, 2015.

[2015 Highest 3324] Defendant is not a narcotics handler.

1. On May 17, 2015, at around 18:00, the Defendant: (a) performed a medication with F in the way of “friens” in which water 301 to 500ml in Seoul Special Metropolitan City, and (b) thrown two water bottles as soon as possible, and then put about approximately 0.5m of merpiles (one philopopon; hereinafter “philopon”), a local mental medicine, in the form of “friens” in which water spophers are inhaled with water in water.

2. On May 19, 2015, at around 17:00, the Defendant administered approximately 0.5g philopon with F, together with F, via the above “F” method.

[2015 Highest 8137] On September 19, 2015, from around 20:09 to around 20:43 of the same day, the Defendant driven a Gpool car under the influence of alcohol level of 0.200% in alcohol level among blood alcohol level of 0.20% in the same city at an influence place of not more than 734-5 Mayang-gu, Seoyang-gu, Sungyang-gu.

Summary of Evidence

[2015 Highest 3324]

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Response to a request for appraisal;

1. Investigative report (Calculation of additional collection charges) and attached materials (2015 highest 8137);

1. Statement by the defendant in court;

1. A report on detection of a driver at the main place of business:

1. The application of Acts and subordinate statutes concerning investigation reports (the report before and after the judgment of the suspect becomes final and conclusive), and accompanying materials;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act (the point of administering a psychotropic drug), Article 30 of the Criminal Act (the point of administering a psychotropic drug), Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Narcotics Act, which