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(영문) 서울중앙지방법원 2016.05.03 2016고단1402
마약류관리에관한법률위반(향정)등
Text

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

2. 20,000 won shall be collected from the defendant and the amount equivalent to the additional collection charge shall be collected.

Reasons

Punishment of the crime

Even if the Defendant is not a handler of narcotics, he handled the Metropoper (one philophone, hereinafter “philoopon”) and marijuana, which is a local mental medicine, as follows:

1. On September 2015, the Defendant administered a philophone in around 03:00, the Defendant: (a) opened approximately 0.07g grams from among the philophones previously purchased from non-personal workers in Gwangju Mine-gu Seoul; (b) opened approximately 700,000 won from his name to his name; and (c) opened the philophones by heating the philophones into the string, resulting in the spread of philophones; and (d) administered the philophones.

2. On March 10, 2016, at around 06:00, the Defendant administered phiphones by inserting approximately 0.07 gramphones into D in a single-use injection machine, dilution with water, and injection into one’s arms.

3. On March 10, 2016, around 10:50, the Defendant possessed G hotel 603 in Seongbuk-gu Seoul Metropolitan Government F, a small vinyl package containing approximately 0.031g of philophones, a one-copon injection instrument containing approximately 0.031g of philophones, and a small vinyl package containing 0.032g of marijuana, and possessed a philophone or marijuana, by inserting it into his own machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure (lists of evidence Nos 1, 2);

1. The application of each request for appraisal-related Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts, and Article 61 (1) 6 and Article 4 (1) 2 of the Narcotics, etc. Act (the points of administration of phiphones and possession of phiphones), Article 61 (1) 6 and Article 4 (1) 2 of the same Act on the Control of Narcotics, etc.;

Possession)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act: Between the offenses of violation of the Act on the Control of Narcotics, etc. by Possession of Handphones and the offenses of violation of the Act on the Control of Narcotics, etc. by Possession of mariths;

1. Selection of each sentence of imprisonment;

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 of Article 67 of the Act on the Management of Narcotics, etc. subject to Collection and Provisional Payment Order;

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