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(영문) 서울중앙지방법원 2016.01.28 2015고단7242
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. 30,000 won shall be collected from the defendant and the surcharge shall be collected.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he dealt with the Metepha (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.

1. On August 2015, around 01:00, the Defendant administered philophones in a way of cating them with approximately 0.03 grams from E and 0.03g of philophones in Seoul Special Metropolitan City.

2. On September 2, 2015, around 22:00, the Defendant administered philophones in a way of culponing with approximately 0.03g of philophones from E and 604 of “G hotel” in Seoul Special Metropolitan City, Gwanak-gu.

3. On September 11, 2015, at around 23:00, the Defendant administered the instant “G hotel” in subparagraph 604 of the “G hotel”, and in a way of culponing culpphones free of charge, which contain approximately 0.03 grams from E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Written appraisal of each drug;

1. Application of investigation reports (Evidence Nos 29 and attached documents) and Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 proviso to Article 67 of the Narcotics Control Act, Article 334 (1) of the Criminal Procedure Act / [the basis for sentencing] Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection and Provisional Payment Order / KRW 300,000 = KRW 100,000 per page / 3 times of sentencing / [ the scope of the recommended punishment in the sentencing guidelines] 1, 2, and 3 times of sentencing (each penphone) : From October to two years each - the final sentence scope based on the aggravated majority of basic areas (e.g., administration and simple possession: from October to March 10, 200) : Narcotics-related crimes cause sulfurization of individuals, homes, society, and human society, beyond individual criminal acts.

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