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(영문) 서울남부지방법원 2016.05.25 2015고단956
마약류관리에관한법률위반(향정)
Text

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

60,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. From around 16:00 to around 17:00 on September 8, 2014, the Defendant, along with D, E, and F, set the non-fluoric volume of the meconcule (one philopon; hereinafter “philopon”), which is a local mental medicine, at the house of Geumcheon-gu Seoul and D located in the Seoul Metropolitan Government, and D, E, and F, set up the meconculic volume above the gambling place, and made a smoke from the heat of the meconculic.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant administered philophones, which are a local mental medicine in collusion with the above D, etc.

2. On September 8, 2014, around 19:00, the Defendant: (a) placed in the influorial guest room near H in Gwanak-gu, Seoul Special Metropolitan City, the Defendant laid off approximately 0.4g of the instant F and branchr, along with I, the instant F and branchricked approximately 0.4g of the penphones purchased from the foregoing D on the gambling site; and (b) opened up and inhaled the smoke by heating the rater.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant administered philophones in collusion with F and I.

3. On September 13, 2014, the Defendant: (a) around September 13, 2014, at the guest room of KM 102 in Guro-gu Seoul, Guro-gu, Seoul; (b) opened up approximately 0.3g of philopon purchased by L from a person in an unsound name from his/her name to the gambling site; (c) opened up a smoke by heating the raz, and inhaled it.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant administered the instant L/F, in collusion with the instant L/F, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the suspect examination of the police in F, D, or E;

1. Written response to a request for appraisal;

1. Application of Acts and subordinate statutes to reporting the attachment of related accomplices;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Crimes, Article 30 of the Criminal Act, and the choice of imprisonment, respectively;

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. The reason for sentencing provided for in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (0.7g x 80,000 won) shall be one of the reasons for sentencing;

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