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(영문) 서울남부지방법원 2016.04.06 2015고단5239 (1)
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled the Metropoper (one philopon; hereinafter “philopon”), which is a local mental medicine, as follows:

1. On November 201, 2014, the Defendant: (a) paid KRW 200,000 in cash to D before the restaurant located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu; and (b) took up approximately 0.5g of philophones.

2. On November 2014, the Defendant administered each penphone medication at the Defendant’s home located in Yeongdeungpo-gu Seoul Metropolitan Government around the new wall date, 0.15g of the penphones purchased as described in paragraph 1, and inhales the smoke generated by heating into a racker, and then inhales approximately 0.15g of the penphones at the same place at the same time around the new wall after this framework, and inhales approximately 0.15g of the penphones at the same place at the same time around the new wall after this framework, and then inhales approximately 0.2g of the penphones at the same place at the same time around the new wall after this framework.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in the protocol of prosecutor's statement concerning D;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which the preparation of a sentence is made, and the selection of imprisonment 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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. From 10 to 2 years (from 10 to 10 years from 10 years from 10 to 2 years from 10 years from 10 years from 10 to 2 years from 10 years from 10 years from 10 years from 2 months from 8 months from 8 months from 1 year and 6 months [the military of narcotics crimes, the trade, good offices, etc., the math (math, b., c., etc.), the mitigated area (special mitigation factors: purchase or acceptance for medication, simple possession, etc.), and the violation of the Act on the Control of Narcotics, etc. due to the administration of phiphonephones].

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