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(영문) 서울서부지방법원 2018.04.26 2017고단3628
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is not a person dealing with narcotics, did not sell, receive, administer, or administer chrophones (one philopon; hereinafter referred to as "philopon"), which is a local mental medicine, as follows.

On March 27, 2017, around 00:20 on March 27, 2017, the Defendant administered a philopon one time by inserting a philopon into the house of Yongsan-gu Seoul and a branchropon, dilutioning a philopon into a part-time injection instrument, and in the same manner as the 04:00 on the same day, administered a philopon in the same manner at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the appraisal report on narcotics and the appraisal report on narcotics;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., 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 with prison labor for a crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: The punishment conditions specified in the following and changes shall be taken into consideration, such as the defendant's age, sex, family relationship, circumstances before and after the crime, etc.: Three times of suspended sentence for the same kind of crime, and circumstances favorable to the fact that the administration was conducted once a fine was imposed: The administration was limited to one day, but the crime was recognized and not re-offending was committed;

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