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(영문) 서울중앙지방법원 2016.09.29 2016고단4476
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

"2016 Highest 4476" Defendant is not a handler of narcotics.

From June 22, 2016 to around the 23th day of the same month, the Defendant administered a megatocule (one philopon; hereinafter “philopon”) in the mutual influoric book located in Gangnam-gu Seoul, Gangnam-gu, Seoul. The Defendant administered the megatocule in a method of drinking alcohol.

The Defendant, “2016 Highest 5455,” despite the fact that he is not a narcotics handler, dealt with philophones as follows:

1. Medication of phiphones;

A. On February 2, 2016, the Defendant administered a house located in the Gangnam-gu Seoul Seo-dong, Gangnam-gu, Seoul, by affixing approximately 0.01g of 0.13g of the penphone 0.01g, which was purchased from the person who was not the deceased in his name, on his/her own hand.

B. On March 13, 2016, the Defendant injected approximately 0.02 grams in the Defendant’s warehouse located in the Hanam-si F of Gyeonggi-do, in a single-use injection machine, dilution with water, and in a way of injection with his arms.

2. At around 12:00 on March 15, 2016, the Defendant: (a) carried a disposable injection device containing approximately 0.06 gramphones at H 302 heading rooms located in Seongbuk-gu Seoul Metropolitan Government; (b) one disposable injection device containing approximately 0.04 gramphones; and (c) one disposable injection device containing approximately 0.04 gramphones, respectively, and carried them.

Summary of Evidence

[2016 Highest 4476]

1. Statement by the defendant in court;

1. Copy of each protocol concerning suspect examination of the police officer with regard to I;

1. Written Statement;

1. A report on the results of preliminary and experimental tests for narcotics, etc. (2016 highest 5455);

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to 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 reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommended punishment) and the simple possession thereof;

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