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(영문) 서울중앙지방법원 2016.02.25 2015고단8310

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

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

To the extent that it does not interfere with the defendant's right of defense, some of the facts charged are legally adopted and investigated by this court.

Even if the Defendant is not a narcotics handler, he dealt with the Metropha (the diaphonephone, hereinafter referred to as “philophone”) which is a local mental medicine as follows.

1. On December 18, 2015, the Defendant administered phiphonephones by infecting them into arms at the dwelling space of the Defendant, 402, the Defendant’s dwelling space, and approximately 0.08 grams of philophones, from a single-use injection device, around 22:00, the Defendant administered phiphones.

2. The Defendant, at the same place above 24:00 on the same day, administered phiphonephones by injecting approximately 0.06g of phiphones into arms using a disposable injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes of the response request for appraisal;

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. proviso of Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection and Provisional Payment Order, Article 334 (1) of the Criminal Litigation Act / [200,00 won] / 100,000 won per philophone x 2 / Reasons for sentencing [the scope of the punishment recommended in the sentencing guidelines] 1 and 2 / The mitigated area (6 months to 1 year and 6 months) of the mitigated area (6 months to 1 year and 6 months) of the mitigated area (the final sentence pursuant to the aggravated punishment): The crimes related to narcotics, etc., arising from debrising into individuals, homes, society, and human beings in whole, and need to be punished in light of social scamity beyond individual criminal acts.

In the following circumstances, the defendant's seal.