beta
(영문) 서울중앙지방법원 2016.01.14 2015고단6380

마약류관리에관한법률위반(향정)

Text

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

The amount equivalent to 200,000 won shall be collected from the defendant and the amount equivalent to the additional collection charge.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled the Metropha (one philophone, hereinafter “philophone”) which is a local mental medicine as follows:

1. On May 2, 2015, around 22:30, the Defendant issued and received approximately 0.1g of philopon in the accommodation of the apartment E in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, to E, one-time type of philopon E.

2. Around 22:40 on the same day as the above 1. paragraph, Defendant 1 administered philophones by dilution with water of approximately 0.05g of philophones contained in a disposable injection machine, and in injection with arms.

Summary of Evidence

1. Statement by the defendant in court;

1. The part concerning the statement E in the second interrogation protocol against the defendant in the prosecutor's office

1. Application of Acts and subordinate statutes to E of the second and third suspect examination protocol to the prosecution;

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. The grounds for sentencing [the scope of punishment on the sentencing guidelines] Article 67 proviso of the Act on the Control of Narcotics, Etc., Article 334 (1) of the Criminal Procedure Act [the scope of punishment on the sentencing guidelines] Article 1 of the Act on the Control of Additional Collection and Provisional Payment Orders [the scope of punishment on the sentencing guidelines] - Article 2 of the Act on the Management of Narcotics, etc. (the hemp, flopon, flopon, flopon, c. and c.) in the basic area (one year to two years), and Article 2 of the Act on the Management of Additional Collection and Provisional Payment Orders (the flopon medication) (the flopon medication) - The basic area (the flopon medication, flopon, c. and c.) of the Act on the Control of Narcotics, etc., and Article 334 (1) of the Criminal Procedure Act: One year to three years [the final sentence] related to narcotics is required to be punished in personal and social depression over the whole society.

The following circumstances include the defendant's age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime.