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(영문) 서울중앙지방법원 2016.05.12 2016고단1317
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Seized evidence as referred to in subparagraphs 1 through 8 shall be confiscated;

from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled the Metropha (one philophone, hereinafter “philophone”) which is a local mental medicine as follows:

1. On March 6, 2016, the Defendant administered philophonephones by drinking around 0.05g of philophones in the Defendant’s residence, 204 Dong-gu, 409, and 0.05g of philophones on coffee.

2. On March 12, 2016, the Defendant administered chophones by drinking about 0.05g opphones to coffee within the Defendant’s passenger car parked near the bus bus notice (one name E) located in Yangcheon-gu Seoul Metropolitan Government.

3. On March 14, 2016, around 13:05, the Defendant: (a) divided “G” telephones 403 in Gwanak-gu Seoul Special Metropolitan City F into two for a single-use injection device; and (b) stored approximately 0.25g of opon into two for a single-use injection device; and (c) carried a phiphone in a white part of a vinyl for bathing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written appraisal;

1. Application of each of the existing Acts and subordinate statutes of subparagraphs 1 through 8 of seized evidence;

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

1. Grounds for the sentencing [200,000 won for the calculation of a surcharge: 10,000 won for the administration of a scopon (=100,000 won for the administration of a scopon)] under the proviso of Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection and Provisional Payment Order, Article 334(1) of the Criminal Litigation Act / [the scope of the punishment recommended according to the sentencing guidelines / [the scope of the punishment recommended according to the sentencing guidelines ] types 1, 2, and 3 (the administration of a scopon, possession of each scopon) - the final sentence according to the aggravated punishment for multiple crimes in the basic area (2. (b) and (c) from October to 2) of the Act on the Control of Narcotics, etc. subject to Additional Collection and Provisional Payment Order : From October to March 10, 2008.

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