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(영문) 서울중앙지방법원 2017.02.07 2016고단5234
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for one year;

2. 30,000 won shall be collected from the defendant and the amount equivalent to the additional collection charge shall be collected.

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 July 2016, the Defendant purchased penphones by paying KRW 200,00 to D at the dental material factory office located in Gwangju-si around 15:00 on the first day of July 2016.

2. On July 15, 2016, the Defendant administered phiphonephones by injecting approximately 0.05g opphones into arms within the manufacturing plant of the foregoing dental materials.

Summary of Evidence

1. Partial statement of the defendant (as stated in the judgment below 2.)

1. Partial statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Application of the Acts and subordinate statutes on narcotics 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. proviso of Article 67 of the Act on the Control of Narcotics, Etc., Article 334 (1) of the Criminal Litigation Act: 30,00 won = 200,000 won for a single-time medication amounting to a purchase price of 100,000 won (1....... of the judgment) / [the scope of the punishment recommended in the sentencing guidelines] 1 crime (1. of the punishment in the sentencing guidelines) - the aggravated area (1. (2. and (c) - the special aggravated area (1. and 3 years) - The special aggravated area: 2 crime of the same kind (not less than a three-year suspension of execution) - the two types of crimes (not less than marijuana, frighton and c) - the two types of crimes (not more than a three-year suspension of execution) - the final sentence of imprisonment for not less than one year to not more than three years, or the final sentence of imprisonment for not less than three years, such as the number of persons who have been subject to a special punishment for not less than 1 year or six years;

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