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(영문) 서울북부지방법원 2016.10.12 2016고단3677
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant and C, in conspiracy, shall:

1. On January 1, 2016, C, located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, recommended the Defendant to administer a philopon, and the Defendant consented to the administration, and C, upon injection of approximately 0.1g of a philopon, dilution, which was dilution with water that was prepared in advance, into the Defendant’s arms, into the Defendant’s arms.

2. At around 22:00 on April 19, 2016, philophones were administered in the same manner at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Imprisonment with prison labor under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, etc., and Article 30 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

1. Amount equivalent to 200,000 won (=10,000 won for medication once x twice) additionally collected under the proviso to Article 67 of the Act on the Management of Narcotics, Etc.

1. Article 334(1) of the Criminal Procedure Act provides three basic aggravated measures to mitigate the classification of reasons for sentencing under Article 334(1) of the provisional payment order.

Items c) and c.

The recommended sentence that is not applicable to a person who has been sentenced to a special general sentencing guidelines from June to June 1 to 2 years from June 1 to 3: the basic area (10 to 2 years): imprisonment with prison labor; one year; three years; three years; probation; 80 hours; additional collection of 200,000 won: confession of a person subject to a single criminal conviction (204; 10 years; 2 years of imprisonment with prison labor; 200,000 won; 3 years of imprisonment with prison labor; 3 years of probation; 80 hours; 2 years of imprisonment with prison labor): The confession of a person subject to a single criminal conviction (204; 2 years of imprisonment with prison labor); medical treatment for addiction

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