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(영문) 서울북부지방법원 2015.05.14 2015고단648
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

1. On January 20, 2015, the Defendant: (a) inserted approximately 0.05 grams of Mepters (one philopon; hereinafter referred to as “philopon”) at the Defendant’s office in Gangseo-gu Seoul Metropolitan Government, into a single-use injection machine; (b) dilution with water; and (c) administered philopon by means of injection into arms.

2. The defendant has committed the same harm;

2. 7. Suppers administered approximately 0.05 gramopons at the same place as in the preceding paragraph at the same time.

3. On the 14th of the same month, the Defendant administered approximately 0.05 grams of phiphonephones at the same place as in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes to response to requests for appraisal;

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and the selection of punishment for the crime (the point of each sopon administered) and the selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, in which the defendant had been sentenced one time to suspend the execution of imprisonment for the same kind of crime and two times to imprisonment for the same crime, but the defendant is in depth and reflects the criminal act in this case. The above criminal records are prior to 2001 and there was no past record of criminal punishment thereafter, the defendant committed the crime in this case by the simple administration of phiphonephones, and the defendant was under the simple administration of phiphones, and other circumstances shown in the arguments in this case, such as the defendant's age, family relation, and inclination, shall be determined as per the order.

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