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(영문) 수원지방법원 2016.02.04 2015고단6151
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

Although the Defendant, as a foreigner of Chinese nationality from Joseon-do, was not a handler of narcotics, the Defendant treated Mesopha (one philopon; hereinafter referred to as “philopon”) who is a local mental medicine as follows.

1. On November 2015, the Defendant received Handphones from a police officer in the middle of the year 2015, at the studio parking lot for the dwelling of Guro-gu Seoul Metropolitan Government D, and received approximately one gram of phiphones from E without compensation during the night hours of the middle of the year 2015.

2. On December 7, 2015, around December 11, 2015, the Defendant, who was parked in the vicinity of the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government, around 11:00 on December 7, 2015, opened approximately 0.1g of opon in the Defendant’s car (G) located in the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government, and opened the bottom of the opon on a gambling place, and administered the opon in a way of spreading the opon by using the inhaled tool prepared in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning interrogation of suspects of E by each prosecutor's office;

1. Protocols of seizure and list of seizure (Nos. 19,20);

1. One copy of each written appraisal (No. 31,37 No. 137);

1. Application of Acts and subordinate statutes to the photographs of seized articles (No. 22);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;

1. Selection of each sentence of imprisonment;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The scope of the final sentence according to the aggravated multiple crimes of Category 3 (b) and (c) in the basic area of Category 1 (in 1 to 2) of the Act on the Control of Narcotics, Etc. (in 1 to 3 years) of the Act on the Control of Narcotics, Etc., the scope of the final sentence according to the aggravated multiple crimes of Category 3 (in 10 to 2 years) of the basic area (in 2) of Part 3 of the Act on the Control of Narcotics, etc., (in 1 to 10 years) of the basic area (in 1 to 2) of Part 3 of the Act on the Control of Narcotics, etc.: In light of the fact that the defendant who was sentenced to the punishment of Category 1 to 3 of the Act on the Control of Narcotics, etc. did not have a large amount of visualphones handled by him.

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