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(영문) 서울남부지방법원 2016.05.18 2016고단1249
마약류관리에관한법률위반(향정)
Text

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

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 16, 2016, the Defendant, who committed a crime on March 16, 2016, administered “D hotel” in Jung-gu Seoul, Jung-gu, Seoul, by dilutioning the volume of phiphones into aquatics, around 19:30 on March 16, 2016.

2. On March 17, 2016, around 19:00 on March 17, 2016, the Defendant: (a) administered opphones by raising the volume of opphones from the string room of “F hotel” room located in Seocho-gu Seoul Metropolitan Government, on the string place; and (b) inhaleing the smoke from the string of the string by using the string as soon as possible.

3. On March 21, 2016, around 08:00 on March 21, 2016, the Defendant: (a) administered in a manner that inhales the smoke from the string of “H hotel” rooms located in Gangseo-gu Seoul Metropolitan Government G by raising the volume of phiphones into the string place; and (b) inhales the smoke from the string of the string by using the string as soon as possible.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which the preparation of a sentence is made, and the selection of imprisonment for a crime;

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. Protective observation and community service order 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. for Additional Collection;

1. The scope of the recommended sentence based on the guidelines for multiple crimes: From 10 months to 2 years (the basic area for the medication, simple possession, etc. of the drug crime group) of imprisonment with prison labor for each of the recommended sentencing guidelines: 10 months to 3 years (the basic area for the three types (b) and (c) of the guidelines): Imprisonment with prison labor for 10 months to 3 months;

2. A narcotics-related crime is a very serious crime that destroys the family and society as well as a criminal himself/herself and causes another crime.

In addition to each of the crimes in this case, the defendant's philophone medication period is not short.

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