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(영문) 서울북부지방법원 2016.07.08 2015고단4583
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

Of the litigation costs, 50,000 won for witnesses shall be borne by the defendant.

Reasons

Punishment of the crime

[Criminal Records] The case: A crime of violation of the Act on the Control of Narcotics, Etc. sentenced on September 18, 2015 by the Seoul Northern District Court: Imprisonment with prison labor for a period of one year: Finality of March 18, 2016 [the facts of crime]

1. On September 21, 2013, the Defendant received approximately 0.1g of Metepopty clograms (copon, hereinafter referred to as copon copon copon copon copon copon copon copon), a local mental medicine, from D, within the Defendant’s car parked in front of the building located in Jung-gu Seoul Metropolitan Government, without compensation.

2. Around 21:10 on the same day, Defendant 2 conspiredd with the above D, and administered approximately 0.03g of each of the instant car parked on the front of the F School located in Jung-gu Seoul Metropolitan Government E, in a single-use injection machine, in a way of dilution with raw water and dilution with each of the instant car.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the copies of the prosecutor's statement protocol concerning D;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

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. Retail price of 0.1g philophones handled under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: 200,000 won = 100,000 won per single medication x 2 times: 200,000 won; and

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Sentencing guidelines for sentencing KRW 50,000 per day by witness D (induit) under Article 186 of the Criminal Procedure Act: Unapplicable (Article 39(1) of the Criminal Act shall apply): Imprisonment with prison labor for the period of six months: A person who is subject to aggravating punishment in April: A person who is subject to a mitigated punishment, etc. during the period of probation (one year of imprisonment with prison labor related to 12 phiphonephonephones and two years of suspended sentence): A confession made once, a concurrent criminal relationship under Article 37 of the Criminal Act, a previous criminal offense, and a case by non-conforming (Supreme Court Decision 2016Do795 Decided 7795).

A. The court below's decision: a fine of five million won, etc.

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