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(영문) 서울중앙지방법원 2017.02.02 2016고단6665
마약류관리에관한법률위반(향정)
Text

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

2. 70,000 won shall be collected from the defendant and the amount equivalent to the additional collection charge shall be collected.

Reasons

Punishment of the crime

[Criminal record] On October 29, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on January 29, 2015 and completed the execution of the sentence on February 22, 2016.

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

1. On August 25, 2016, the Defendant deposited a passbook of KRW 700,000 to a person whose name is not known on the first floor of the Gangnam-gu Seoul Metropolitan Government building C, and purchased a one-time injection device containing approximately 0.7 grams from the chemical group near the “E church” in Gangnam-gu Seoul on the same day.

2. On August 26, 2016, around 01:00, the Defendant injected philophones into arms using a disposable injection device, which was purchased in Seocho-gu Seoul Metropolitan Government F apartment 104 Dong 303 and 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes of the response request for appraisal;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

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. proviso of Article 67 of the Act on the Control of Narcotics, Etc. and Article 334 (1) of the Criminal Litigation Act: Reasons for sentencing of KRW 700,000 (1. A. of the judgment of the court below) [the scope of the sentencing guidelines] 1 crime (the scope of the sentencing guidelines recommended] - the aggravated area (1 year to 3 years) of Type 3 (b) of the Decree on the Medication and simple possession, etc. (3) - Special aggravated persons: Two types of crimes (2) of the previous crimes of the same kind (not less than the suspension of the execution of not more than 3 years) - Trading and mediation, etc. of the reduced area (81 to 6 months), including the reduced area (the purchase of c. of c. of c. of c. of c.).

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