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(영문) 서울중앙지방법원 2017.08.31 2017고단4645
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2017, the Defendant: (a) Metephopopon (one philophone; hereinafter “philoopon”); (b) Metephoponon around January 2017, the Defendant injectedd the volume of phiopon into the Defendant’s arms by inserting it into a single phiopon in the mutual influent telephone located in Jongno-gu Seoul around January 2017.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

2. On May 3, 2017, the Defendant drank 0.25 grams of oponon around May 3, 2017, around 01:30 on the road near Gwanak-gu in Seoul Special Metropolitan City, while drinking 0.25 grams of opon in water at the Defendant’s residence located in Seoul Special Metropolitan City CB00 on the same day, around 02:00 on the same day.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect of the police;

1. Application of the Acts and subordinate statutes on the assessment of narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Selection of Narcotics, Etc. for Criminal Facts (referring to the administration of phiphones) and the selection of a sentence to imprisonment;

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. For the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the collection of 300,000 won which is equivalent to the three-time medication) [the scope of recommended punishment], the scope of special mitigation (from June to one year and six months): the scope of final sentence due to the aggravation of multiple crimes: June to two years [the determination of sentence] related to narcotics, etc. is a serious crime that seriously affects society as a whole, such as impairing public health or inducing other crimes.

The defendant's maternal philophone training reaction was conducted from the maternity of the defendant, and the defendant has been punished for the same crime in 2014.

However, the defendant surrenders himself.

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