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(영문) 서울남부지방법원 2016.05.18 2016고단97
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

Nevertheless, around January 23, 2015, the Defendant, at around 17:00, administered a philopon by having D, which was well administered at a guest room in the number of “C hotel” lakes located in Yeongdeungpo-gu Seoul Metropolitan Government, put the Melopon into a one-time injection machine, which is a local mental medicine (one philopon; hereinafter “philopon”), and dilution the melopon into the Defendant’s arms.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to F of a copy of each police statement made by the police;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. Six months from six months to one year and six months from the date of imprisonment on the sentencing guidelines (the group of narcotics crimes, medication, simple possession, etc., three types of crimes (b) and (c) and the area of mitigation (special mitigation factors: self-denunciation);

2. A narcotics crime subject to the determination of sentence is a serious crime that must be eradicated, and the Defendant has been punished several times, including the past records of punishment for the same kind of crime, but has committed the instant crime at a disadvantage.

However, in light of the fact that the defendant had undergone a single simple medication, and the fact that the defendant shows his intention to repent of the fact, that the defendant voluntarily surrenders to an investigation agency, that the defendant had a previous criminal record, but the defendant has passed for at least ten years, and that the defendant's voice response from the outcome of the defendant's urine and the evaluation of the maternity has occurred, the punishment as ordered shall be determined by taking into account the fact that it seems not to be addicted in light of the situation of addiction.

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