beta
(영문) 서울중앙지방법원 2016.06.23 2016고단2186

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment for one year;

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he dealt with the Metepha (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.

1. On January 26, 2016, the Defendant purchased approximately 0.5g grams from around 14 times to April 11, 2016, totaling KRW 14,000,000 and KRW 18g in total from around 2016 to around 14 times, as indicated in the list of crimes in the separate sheet of crimes, at a house where the location of Seocho-gu Seoul Metropolitan Government room is unknown through a smartphone hosting app “C.”

2. The Defendant, at the end of March 2016, administered philophones by infecting philophones into the arms using a disposable injection device at the end of the Government of the Republic of Korea, E 404, and philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Account transactions by the Nonghyup Bank;

1. The result of a response to a request for appraisal;

1. Application of the existing Acts and subordinate statutes under subparagraph 3 of the seized evidence;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The grounds for sentencing [the scope of the sentencing guidelines recommended] o 1 crime (the scope of the sentencing guidelines) - Class 3 (b) o 2 and 3 (c) of Article 67 of the Act on the Control of Narcotics, Etc., and Article 334 (1) of the Criminal Litigation Act / [the scope of the sentencing guidelines recommended] - the basic area (the purchase of each penphone) - Types 2 and 3 of the o 2 and 3 of the Act on the Control of Narcotics, etc. (the purchase of each penphone) - The area of mitigation (the area of marijuana, the area of 14,000,000 won, which is equivalent to the purchase price of a penphone : August 1 to 6) - Special mitigation: