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(영문) 서울남부지방법원 2017.04.12 2017고단25
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

Defendant is not a narcotics handler.

1. On November 1, 2016, the Defendant: (a) opened a crypopon (one phiphone; hereinafter “philopon”); (b) opened a crypopon which is a local mental medicine within the scope of Pyeongtaek-si building 302; (c) opened the cypopon in a gambling place; (d) opened the crypopon using a cypon; and (e) administered the copon in a manner that inhales the smoke through a copon inhaler.

2. On December 19, 2016, at around 10:00, the Defendant discovered a physical disease in which D inhaled and left phiphones at the places indicated in paragraph 1, and laid down a left philophones into a gambling place by exposing water in a water disease, and administered philophones in the same manner as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written confirmation of the time when a natural documentary examination is conducted and a written confirmation;

1. Application of each police seizure protocol and each seizure list statute;

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

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection

1. Even though the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was sentenced to suspended sentence for the same type of crime in 2011, if considering the fact that the Defendant committed the instant crime, it should be sentenced to the strict punishment. However, it should be determined as ordered in consideration of the fact that the Defendant committed the instant crime during the period of unconvicted detention for about two months, and there is no past record of criminal punishment for the last five years, and that there may be excessive difficulty for young children when the Defendant is detained for a long period of time.

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