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(영문) 서울중앙지방법원 2017.05.11 2017고단1222
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 2016, the Defendant: (a) injectedd philophones by inserting a Memopon (one philopon; hereinafter “philopon”); (b) inserting the Memopon in a single-use injection machine; and (c) inserting her mopon into a single-use vemopon after dilution with water at a D hotel located in the Hampo-si Kimpo-si, Kimpo-si; and (d) administering philopon.

The Defendant, at the same place following the following day, administered phiphones by inserting philophones into a disposable injection machine, dilution with water, and injection into arms.

2. On July 2016, the Defendant received approximately 0.7 g of philopon from E in front of the mutual influorial telephones located in the Sejong East-dong, Suwon-si, Suwon-si, for the first time on July 2016, in front of the trade influorial telephones.

Then, the Defendant administered philophones by taking the frophones, among the philophones received from the above telephones, into a coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Act and subordinate statutes to a response to a request for appraisal (No. 7);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The punishment shall be determined in consideration of the following facts: the scope of the recommended sentencing guidelines under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of the punishment [the recommended] recommended [the scope of the punishment], medication, simple possession, etc.; the basic area (10 months to 2 years) (the period from 10 months to 3 years) of the Act on the Control of Narcotics, etc.; the final scope of the punishment pursuant to the aggravated punishment (the special sentencing person): the defendant was the first offender; the defendant who was sentenced in October to the punishment in March to 3, and the fact that he/she was able to treat the drug addiction certificate; and the fact that he/she tried to treat the drug addiction certificate

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