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(영문) 서울중앙지방법원 2016.07.07 2015고단6317 (1)
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Gwangju District Court on February 13, 2014, and three years of suspended execution, and the said judgment became final and conclusive on February 21, 2014.

[Criminal facts] The Defendant is not a narcotics handler

1. On November 2013, 2013, the Defendant purchased Handphones at the roads near “Cel” located in Gangnam-gu Seoul, and D’s 1,00,000 won for D, and thereafter, the Defendant was fluored with a single-use clicker (one philopon; hereinafter “ one philopon”), which is a local mental medicine, (one philopon).

Accordingly, the defendant purchased philophones.

2. Medication of phiphones.

A. At the time of the day set forth in the preceding paragraph, the Defendant injected approximately 0.1g of each penphone into the curine 203 heading room, and 0.1g of each penphone into the curine curine, along with E, to the curine curgs.

Accordingly, the Defendant conspired with E to administer philophones.

B. On November 2013, 2013, the Defendant administered 507 heading rooms “Gel” located in Gangnam-gu Seoul, Seoul, with approximately 0.1g of Handphones, melting them into aquatic water, and then administered them to each jum with H as a disposable injection machine.

Accordingly, the Defendant conspired with H to administer philophones.

Summary of Evidence

1. A protocol concerning the examination of a suspect by a public prosecutor against the defendant, D, E, or I;

1. Each judgment;

1. A previous conviction: A written inquiry about criminal history and the application of the relevant information-related Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, Article 30 of the Act on the Selection and Management of Narcotics, etc. for Criminal Facts, and Selection of Imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The sentencing reasons in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. are relatively large; the content of the instant crime is not good; and the Defendant escaped to avoid the trial.

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