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(영문) 서울남부지방법원 2017.08.09 2017고단2969
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two months.

30,000 won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 2016, the Defendant, in collusion with AK and AL, 21:00 to 22:00, administered a crophone in collusion with AK and AL, at the house of AK in the vicinity of the AM market in Ansan-si, AM-si, Ansan-si, AM-si, the Defendant: (a) put about approximately 0.4g of mert clops, a local mental medicine medicine, on the gambling place; (b) put the steam from the inhalers created by raw trees into a KS and AL, and administered a crophone in a manner of melting and inhaleing it.

2. From October 2016 to November 11, 2016, the Defendant 15:00 to 16:00 on a date, in collusion with AL, administered opphones by taking approximately 0.4g of opphones at the home of the Defendant in the vicinity of the Bupyeong-gu Incheon Metropolitan City BOO located, and 0.4g of opphones in the same manner as paragraph 1.

3. At around 13:00 to 14:00 on the first day of December 2016, the Defendant, in collusion with AL, administered a penphone in collusion with AL in a manner like paragraph (1) at the house of Gangseo-gu Seoul Metropolitan Government AP and AL located in 201, and 0.4g of phiphonephones in a manner like paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. AL-related protocol for interrogation of suspect with respect to each police station (1, 2 times);

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

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

1. Imprisonment with prison labor chosen;

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 Act on the Control of Narcotics, Etc. for Additional Collection

1. Consideration of equity in the event that the judgment was rendered simultaneously with the same kind of crime pending in the appellate court with the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the person actively cooperates in the investigation;

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