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(영문) 서울남부지방법원 2014.12.15 2014고단2096

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

Of the facts charged in the instant case, the facts charged are as follows.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

At around 23:00 on June 2, 2014, the Defendant purchased approximately 0.1g of psychotropic drugs from a person (one name C) who was unable to know his name in the vicinity of 560 military base, as Seoul Special Metropolitan City Gwangjin-gu, for approximately 100,000 won and administered the phiphone in the way of drinking the said phiphone at the toilet of the above military base, in which the Defendant purchased approximately 0.1g of psychotropic drugs from a person (one name C).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

1. Although the reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. lies in favorable circumstances, such as the confession of the instant crime and the fact that his mistake is pened in depth, it is inevitable to severely punish narcotics in light of the seriousness of the harm that the society has caused, and the necessity for eradicating the narcotics crime accordingly, and the Defendant has already been punished for the same kind of crime.

In light of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means, and consequence leading to the instant crime, the circumstances after the instant crime, and the attitude in this court, and all the circumstances constituting the conditions for sentencing as shown in the records and arguments, the punishment shall be determined as ordered.

The acquittal portion

1. The Defendant of the facts charged is not a person handling narcotics.

At around 00:30 on June 24, 2013, the Defendant issued approximately 0.1g of oponon to E from the home of the Defendant, Gangnam-gu Seoul and 405, to E, and received oponon.

B. On July 11, 2013, at around 22:30, the Defendant delivered approximately 0.13 grams to E at the same place as indicated in the foregoing paragraph 1, and received and delivered phiphones.

2. Determination

A. The recognition of criminal facts in a criminal trial shall be a judge.