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(영문) 서울중앙지방법원 2016.12.15 2016고단7159
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related psychotropic drugs-related Mesofts (hereinafter “copon”).

1. Around September 28, 2016, the Defendant administered a philophone in a way that puts about 0.1g of a philophone into a philophone in a car parked at the rest area in Seoul Special Metropolitan City for D Expressway located in Gongju-si on September 28, 2016 and drinks a philophone in a way that puts about 0.1g of a philophone into a car.

2. At around 08:05 on September 29, 2016, the Defendant: (a) carried a vinyl 608 from G hotel in Seongbuk-gu Seoul Metropolitan Government F, containing approximately 0.37g of philophones, and carried a philophone in a way of laying a philophone on the front half of the bar; and (b) holding a philophone in a way of laying a philophone with water in a melting volume of philophones into the cremation.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure (Evidence Nos. 1, 2);

1. Written appraisal of narcotics (pine, hair, color determination, powder, etc.);

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. The order is issued in consideration of the following circumstances: Class 2 crime for which the sentence of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. has been imposed: Class 1 crime for the reason of sentencing [the range of recommending punishment] 3 (the scope of recommending punishment ; b. (c) and 3 (the period from June to June 1); the mitigated area (the period from June 1, 16) of Part 3 (the range of recommending punishment ; b. (c) and the period from June to June 6) of the mitigated area (the special mitigation ; c.) of Part 3 (the scope of recommending punishment ; f.) of the mitigated area (the range of recommending punishment ; f.), the mitigated area of punishment (the period from June 1, 196) of the Act on the Control of Narcotics, etc.: June to 23 (the decision of sentencing ] and the defendant’s age, character and behavior, environment

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