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(영문) 서울남부지방법원 2015.03.25 2014고단5177
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On December 1, 2014, the Defendant, at the guest room of D hotel No. 702 in Geumcheon-gu, Geumcheon-gu, Seoul, carried water into drinking water and then sticked two strings as soon as possible, posted psychotropic drugs on a gambling ground, and opened a barphone by heating the psychotropic drugs into a stopter, thereby making it possible for the Defendant to have the barphone administered.

2. On December 3, 2014, the Defendant administered the scophophone in the same manner as that described in paragraph (1), at the same place as that described in paragraph (1).

3. On December 8, 2014, the Defendant administered philophone scopon in the guest rooms of F Hotel 706 located in Geumcheon-gu Seoul, Geumcheon-gu in the same manner as described in paragraph 1.

4. On December 8, 2014, the Defendant, at around 14:45, kept approximately 0.09g of philopon on a book at the same place as indicated in paragraph 3, and carried a philopon.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspects of G;

1. A copy of each protocol concerning the examination of suspect of H and I (two times);

1. Seizure records;

1. Requests for each appraisal;

1. The application of Acts and subordinate statutes governing the investigation of cancer transaction prices of narcotics and reporting thereon;

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

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;

1. Probation under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. The crime of violating the Act on the Control of Narcotics, etc. (flavoring) due to the administration of phiphonephones and possession of possession: From 10 to 2 years of imprisonment, respectively; and

Items c) and c.

(i) the scope of modified sentences of recommendations in accordance with the processing criteria for multiple offences:

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