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(영문) 서울중앙지방법원 2015.09.17 2015고단4195
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment with prison labor for 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

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

1. On November 201, 2014, at around 12:00, the Defendant received approximately 0.03 g of philopon in the dwelling of the Defendant, Gangnam-gu Seoul, Seoul, and 201, and received it from C without compensation.

2. At around 12:00 on January 24, 2015, the Defendant received approximately 0.03 g of philopon, which entered the part of a single-use injection device C, without compensation, from the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes to C of the protocol of interrogation of police suspect;

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. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection and Provisional Payment Order, Article 334(1) of the Criminal Procedure Act [The basis for calculation of additional collection: 200,000 won = 100,000 won per minute 2 times x 2 times ] The reason for sentencing [the scope of recommended punishment on the sentencing guidelines] 1 and 2 (the scope of recommended punishment on the sentencing guidelines) - the mitigated area (8 to 1 year and 6 months), such as the purchase for medication and simple possession, or the aggravation of multiple offenses: The final sentencing scope due to the aggravation of medication or simple possession: August to 2 years [the sentence] is a crime involving narcotics, etc., which causes yellowization of individuals, families, society and human society, and requires to be punished in that it is a social phenomenon beyond individual criminal acts.

The following circumstances include the Defendant’s age, character and conduct, family relationship, home environment, motive and means of committing the crime, and circumstances after committing the crime.

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