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(영문) 서울서부지방법원 2017.11.30 2017고단3105

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On March 1, 2017, the Defendant administered narcotics in such a way as to inhale narcotics, using a marcule c.m. (hereinafter referred to as “c.rophone”), a local mental medicine-related drug purchased and held by the Defendant at the Defendant’s house (C. 302 202 Doo-gu, Yangyang-gu, Yangyang-gu, and C. 202, in order to put about approximately 0.05 g of Aluminum aluminium, and to put them above the day, and then put them into a rarc, and to rarc, cut down two as soon as possible on the water disease (the steam generated at the time of burning narcotics, and the structure connected with each other at the time of smoking steams).

2. On March 1, 2017, at around 19:00, the Defendant d’s house of Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, 115 Dong Dong Dong 2301, added D with D about 0.05g of philopon with D, and injected part of D’s philopon into the Defendant’s tropoper by using a disposable injection device.

3. On September 30, 2017, the Defendant administered philophones by means of drinking water with a dilution of dilution, which was dilution in the Defendant’s house at around the Defendant’s house, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. The relevant Article of the Act on the Management of Narcotics, etc. for the Prevention of Criminal Crimes, Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, Article 30 of the Criminal Act (limited to the joint medication as indicated in the respective paragraphs (1) and (2) of the said Act), and the selection of imprisonment, respectively;

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. A person who has been specially aggravated in the area of aggravated punishment (one year to three years) in the area of aggravated punishment (one year) under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommended punishment according to the sentencing guidelines) by means of medication, simple possession, etc.