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(영문) 서울북부지방법원 2016.10.21 2016고단3758
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Even if the Defendant is not a person handling narcotics, the Defendant, due to influence, issued a prescription for a limited quantity of psychotropic drugs, using the personal information of B, which came to know promptly on the ground that the Defendant’s ethyl lux (hereinafter referred to as “sethyl lux”) was melting the limited quantity of psychotropic drugs, which was prescribed by the hospital, and caused the luxa to buy a large quantity of ethyl luxs, and intended to administer them.

Around January 25, 2014, the Defendant: (a) took medical treatment as if the Defendant were B; (b) purchased ethyl oxide 30 in a nearby E pharmacy using B’s name; and (c) around that time, purchased ethyl oxide 30 in a number of hundreds in the Defendant’s residence located in the Seoul Southern-gu, Seoul; (b) taken radioactive drugs with water as stated in the attached Table of Crimes, from January 25, 2014 to April 25, 2016, by taking the same method as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing payment certification of drug expenses;

1. Article 61 (1) 5, Article 4 (1), and subparagraph 3 (d) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the elective Punishment ( Imprisonment);

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

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

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

1. Amount additionally collected under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: 270,000 won (=1730,000 won x 1,600 won); and

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act are as follows: (a) the basis for mitigation of the types of reasons for sentencing is 2 per centacy.

A special sentencing guidelines between June and June 1, 200 to June 10, 200: Ad hoc sentencing guidelines: Ad hoc sentencing factors (Habitual offender: 10 to December 2): Ad hoc sentencing area (10 to 2 years): Ad hoc punishment: imprisonment for a year of suspension of execution of imprisonment, 2 years of additional collection, 276,800 won: imprisonment for a year.

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