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(영문) 서울서부지방법원 2018.12.06 2018고단2196

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, who is not a narcotics handler, did not sell, receive, possess, administer, etc. Melopopon (one philopon; hereinafter “philopon”), which is a local mental medicine, but the Defendant treated philopon as follows.

On June 4, 2017, at around 23:40 on June 4, 2017, the Defendant: (a) opened in Yeongdeungpo-gu Seoul Metropolitan Government Hospital D with his name-free male; (b) opened in the hotel gate, and 0.5g (the string of the hacker hacks) in front of the male prepared by the male, and injected the steam by putting the bottom of the steam generated by heating it into the body glass of the apparatus, and then melting it with the Defendant and the above male under the name of the string.

Accordingly, the defendant administered philophones jointly with a man who is not his name.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the appraisal report on narcotics and the appraisal report on narcotics;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: Taking into account all of the sentencing conditions shown in the records and theories of changes, such as the defendant's age, sex behavior, family relationship, and circumstances before and after the crime, etc., and the fact that the medication shows voluntary and active medical doctors, the recovery of medication takes place only once, erroneous recognition of and reflects the fact that the medication is committed against the same type of crime in 2015, which was sentenced to imprisonment for two years and six months, a suspended sentence of three years, during the suspended sentence period;