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(영문) 서울중앙지방법원 2017.10.19 2017고단5319
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

640,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Metropha (hereinafter referred to as “phiphonephone”) and MDMA (hereinafter referred to as “EX posters”) as follows.

1. Medication of phiphones;

A. On November 2016, at around 23:00, the Defendant administered philophones by using a disposable injection device for about 0.05g of philophones in the dwelling of Yongsan-gu Seoul Metropolitan Government Yongsan-gu Clla B01.D.

B. On February 20, 2017, the Defendant administered philophones by dilution approximately 0.05g philophones at the dwelling of the Defendant E and 1 at Guri-si, 01:30 on February 20, 2017.

2. On February 19, 2017, the Defendant provided a one philophone to H free of charge, one philophone in front of the G station located in Gui-si F, G 17:30 on a day-to-day basis, which is about 0.2g of philophone.

3. On February 25, 2017, at around 02:00, the Defendant administered an X-type medication by inserting the name in the “J” club located in Yongsan-gu Seoul Metropolitan Government I by inserting 1/2 of the X-type city into the Defendant’s entry by a male, Chinese, and the head of the household and the drinking water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of each protocol concerning the examination of suspect of the police against D or H;

1. Application of the Acts and subordinate statutes on the assessment of narcotics;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 60 (1) of the Act on the Selection of Narcotics, Etc. and the Management of Optional Drugs, Etc.) concerning the facts constituting an offense, and the selection of imprisonment with prison labor;

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. Reasons for the sentencing of the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] for the reason for the sentencing [40,000 won for the X-si's price, which is the value equivalent to 0.2g of 0,000 won per 0.1g of opononononon, provided with the amount equivalent to 200,000 won for the two oponononononononononon (200,000 won per 0.1g)] [the scope of recommended punishment] for the category 2 (1 to 2 (2) of the basic area (1 to 1) of the Act on the Control of Narcotics, etc.

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