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(영문) 서울남부지방법원 2014.11.19 2014고단3708
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 16, 2014, the Defendant: (a) in collusion with C on September 16, 2014, on the 4th floor of “E” telephones located in Guro-gu Seoul Metropolitan Government (hereinafter referred to as “prophonephones”); (b) opened a psychotropic drug-related Mescopon in a gambling place; and (c) administered a Mescopon phone using a rophone inhaler to recon with C, and administered a Mescopon phone.

2. The Defendant received philophones from the above C without compensation, and received philophones from the said C, at the time, at the same time, at a place, and at a gambling place.

3. On September 20, 2014, the Defendant: (a) around September 20, 2014, in a toilet for the Defendant’s residence of Yeongdeungpo-gu Seoul Metropolitan Government FF Defendant; (b) opened a philophoneless volume delivered by C, such as the foregoing paragraph (2), and opened a smoke from heating into a rophone, using a rophone inhaler inhaler; and (c) administered rophones by using a rophone inhaler.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of each police interrogation protocol against C;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (in the case of paragraph (1) of the same Article, Article 30 of the Criminal Act) of the Act on the Control of Narcotics, Etc., the selection of a sentence for the crime and the selection of imprisonment

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

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (acceptance and reception of philophones) (determination of types), narcotic sales, arrangement, etc., for marijuana, and flaps;

Items c) and c.

Title, etc. [Scope of Recommendation] 1 year - 2 years (Basic Area)

(b) Concurrent crimes (popon medication) (Determination of types), medication, simple possession, etc. of narcotics;

Items c) and c.

Title, etc. (Scope of Recommendation) 10 months;

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