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(영문) 서울중앙지방법원 2017.01.24 2016고단8256
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for eight months;

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

Even if the Defendant is not a narcotics handler, he dealt with the Metepha (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.

1. On August 17, 2016, the Defendant purchased philophones by paying KRW 600,00 to a man who is unable to know his/her name on the road in Yongsan-gu Seoul, Yongsan-gu, Seoul.

2. On August 19, 2016, the Defendant: (a) around 21:25, at the Maur 106 guest rooms located in Jongno-gu Seoul Metropolitan Government, divided approximately KRW 0.54g of philophones purchased as stated in the foregoing 1.1. and kept approximately KRW 0.54g of philophones into three for one-time proprietor; and (b) kept approximately 0.17g of philophones purchased as described in the foregoing 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to a request for appraisal and reply);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. The community service order under Article 62-2 of the Criminal Act;

1. The proviso of Article 67 of the Narcotics Control Act, Article 334(1) of the Criminal Procedure Act: 60,000 won in the purchase price [the scope of the punishment recommended in the sentencing guidelines] 1 and 2 crimes (the scope of the punishment recommended in the sentencing guidelines) - the final sentence scope due to the aggravation of multiple crimes in the basic area (10 months to 2 years from 10 months to 2 years): the crimes related to narcotics, etc., which cause decilization of the whole society and human beings, which are beyond the personal criminal acts and need to be punished strictly in the sense that the crime is a social phenomenon beyond the individual criminal acts.

The age, gender, and age of the defendant in the following circumstances:

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