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(영문) 서울북부지방법원 2018.03.21 2017고단5407
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. Medication of phiphones;

A. On August 13, 2017, the Defendant, within a vehicle parked on the street near C Station in Seoul around August 22, 2017, around 22:00, around August 13, 2017, drank water, which is a flapped mental medicine (one philopon; hereinafter referred to as “philopon”) dystrophy, dye, flap, which is a flapped mental medicine that was dried by the injured despite the fact that the Defendant is not a narcotics handler.

Accordingly, even though the defendant is not a narcotics handler, he administered a psychotropic medicine.

B. On August 14, 2017, the Defendant committed a crime on August 14, 2017, in a vehicle parked on the street near C Station in Seoul around 09:00 on August 14, 2017, and in a vehicle parked around C Station in Seoul, despite the fact that the Defendant is not a narcotics handler, he/she injected the volume of phiphones, which is a local mental medicine, into water, and injected into the left part using the injection device.

Accordingly, although the defendant is not a narcotics handler, he administered a local mental medicine.

2. On August 14, 2017, at the E police station located in Seoul around 10:30 on August 14, 2017, the Defendant, holding phiphones, with a injection machine containing 0.07g of the remaining phiphones after medication, as set forth in paragraph 1 of the facts charged, had the left part of the phiphones.

Accordingly, although the defendant is not a narcotics handler, he possessed a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of police seizure and list of seizure (Attachment of photographs);

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. An order to observe the protection under Article 62-2 of the Criminal Act;

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

1. Three types of crimes (the scope of recommendations), medication, simple possession, etc. for the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.:

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