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(영문) 서울남부지방법원 2015.03.11 2015고단211
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 26, 2014, the Defendant received psychotropic drugs from E in the 9th guest room of D hotel in Geumcheon-gu Seoul Metropolitan Government, a psychotropic drug, from E, and received pedagogopon.

2. On September 26, 2014, the Defendant: (a) laid water in the guest room of the 9th floor above the D hotel; (b) laid down two strings as soon as possible after cutting the drinking water into drinking water; (c) laid down the strings above the string area; and (d) administered phiphones by hanging a smoke by heating the strings with the strings; and (c) administered phiphones in a way of drinking.

3. On December 1, 2014, the Defendant, at the 3st guest rooms of G hotel in Guro-gu Seoul Metropolitan Government, administered phiphonephones in a way of cating the smoke emitted by heating the string to the string of the strings on the strings on the strings of G hotel located in Guro-gu Seoul Metropolitan Government.

4. On December 2, 2014, the Defendant, at the guest room located in Geumcheon-gu Seoul, Geumcheon-gu Seoul Metropolitan Government H, administered the philophone non-copon dose in the same manner as the indicated in the foregoing paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Copy of a protocol of police interrogation regarding E;

1. A copy of the protocol of interrogation of the police against J (two times);

1. Requests for appraisal;

1. Application of the Acts and subordinate statutes attached to the monthly trend of narcotics ( December 2014);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Scope of the recommended sentence on the sentencing criteria: Acceptance of phiphonephones, each medication: 10 months of imprisonment, 2 years (narcotics crime group, medication simple possession, etc., and 3 years of imprisonment;

Items c) and c.

(i)the scope of modified recommendations in accordance with the processing criteria for multiple crimes:

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