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(영문) 서울남부지방법원 2017.06.21 2017고단2045
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

1. On April 14, 2017, at the Defendant’s residence located in Pakistan-si D around the morning, the Defendant purchased philophones by using 100,000 won and approximately 0.2g of philophones from E to 100,000 won.

2. The Defendant, at the time and place specified in paragraph 1, injected approximately 0.1g of philophones purchased as above with approximately 0.1g of philophones, and administered them in a way of injecting her butane using her clock.

3. On April 20, 2017, the Defendant purchased a disposable injection device containing approximately 0.3g of philopon from E in the Defendant’s residence, 100,000 won out of 20,000 won, and the remainder 100,000 won, at the last cycle.

4. The Defendant administered approximately 0.1g of philophonephones possessed under the aforementioned circumstances at the time and place described in paragraph 3 in the same manner as Paragraph 2.

5. On April 20, 2017, the Defendant, at around 19:00, administered 0.18g of phiphones at the Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the F;

1. Protocols of seizure of police officers on April 20, 2017;

1. A written appraisal of each drug;

1. Each investigation report (the analysis of monetary details and the application of statutes related to additional collection charges);

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 main sentence of Article 67 of the Act on the Management of Narcotics, Etc.

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

1. Although Article 334(1) of the Criminal Procedure Act provides that if considering the fact that the criminal defendant was committed even though he/she had the same criminal record and twice the reason for sentencing, he/she shall be punished with severe punishment, it shall be between two months.

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