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(영문) 서울북부지방법원 2015.06.18 2015고단730

마약류관리에관한법률위반(향정)등

Text

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

The seized evidence Nos. 1 to 7, 10, and 11 shall be confiscated from the accused.

Reasons

Punishment of the crime

1. On November 2014, the Defendant administered psychotropic drugs in the same way seven times in total from March 5, 2015, as indicated in the attached Table 1 of the Crimes List, including the medication of 0.03 gramopon into water at the toilet at the entrance of the Geumsan Park in Seongdong-gu, Seoul, for a single-use divers, at the time of injection with water at the time of injection with a single-use 0.03gopon into the arms.

2. On November 2014, the Defendant smoked marijuana in the same manner seven times during the period between March 5, 2015, as shown in the attached Table 2, from that time to March 5, 2015, at the entrance toilet at the Geumsan Park, Seongdong-gu, Seoul, for a total of seven times, in which approximately 0.5g of marijuana was smoked in a way of smoking with a fluoring with a fluor’s fluence, on a paper, at the entrance toilet at the Geumsan Park

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Photographs, photographs of seized articles, records of seizure and the list of seized articles;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) of the Act on the Control of Narcotics, Etc. and Selection of Penalty) concerning the facts constituting an offense, and Article 60 (1) 4 (a) and Article 3 (10) of the Act on the Control of Narcotics, Etc. (Article 60 (1) 2, Article 4 (1) and Article 2 of the

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the Act on the Control of Narcotics, etc. (referring to the offense of violation of the Act on the Control of Narcotics, etc.) due to the administration of s

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

1. The proviso of Article 67 of the Act on the Control of Narcotics, etc. by Additional Collection = 1,050,000 won = 7 times for administration of phiphonephones x 100,000 won per time x 7 times for marijuana x 50,000 won per time); and

1. Standard for sentencing grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order;

A. 7 times each of the 7 times violation of the Act on the Control of Narcotics, etc. (fence)