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(영문) 서울중앙지방법원 2016.04.26 2016고단1099

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment for eight 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

Even if the Defendant is not a narcotics handler, he dealt with the Metepha (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.

1. On May 15, 2014, at the Defendant’s residence in Gangnam-gu Seoul, the Defendant administered phiphonephones with C, by having C inject the Defendant’s arms using a one-time injection device, at the Defendant’s residence in Gangnam-gu Seoul.

2. On May 2015, the Defendant administered phiphonephones with C by having C inject the Defendant’s arms using a one-time injection device at the Defendant’s residence located in Gangnam-gu Seoul and 303, Seoul, and by having C inject the phiphones.

3. On July 2015, the Defendant administered philophonephones with C by having C inject the Defendant’s arms using a one-time injection device at the Defendant’s residence, which was located above B and 203, on July 2015.

Summary of Evidence

1. The respective legal statements of the defendant and C;

1. Written appraisal (Evidence No. 3), and the application of statutes of the request for appraisal (Evidence No. 16)

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 of the Act on the Management of Narcotics, Etc. selected for a penalty;

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. The proviso to 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 [300,000 won in total = 100,000 won in total for one-time medication x 3 times x ] The reason for sentencing [the scope of punishment recommended in the sentencing guidelines] 1, 2, and 3 (each phiphone medication) - 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 (6 months) of the mitigated area - The final sentencing scope pursuant to the aggravated number of self-denunciations: six months to 2 years [decision] of the Act on the Control of Narcotics, etc. related to narcotics, etc. shall be personal, family, society, and society.