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(영문) 서울북부지방법원 2017.05.17 2017고단806
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

A person who is not a narcotics handler shall not sell or administer Mept caculph (one philopon, hereinafter referred to as “philopon”), which is a local mental medicine, and the defendant shall not be a narcotics handler.

1. On October 12, 2016, the Defendant: (a) paid KRW 500,00 to C in the dwelling area of Do Government-si B apartment No. 109 Dong 1204, 1204; and (b) purchased and sold a total of 1.4g philopon, one-time injection with approximately 0.7 g of philopon.

2. Medication of phiphones.

A. At around 23:00 on the same day, the Defendant injected approximately 0.1g of phiphones purchased as above into a single-use 903dong 602, Seoul Special Metropolitan City, Nowon-gu, and then injected them into the Defendant’s arms blood cells and administered phiphones.

B. On October 13, 2016, the Defendant administered philophones in the same manner as before and after around 05:00, at the same place as before and after around 05:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of C’s statement;

1. Application of Acts and subordinate statutes to a response to a request for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. A second-class crime that has no basic area (10 to 2 years) (10 to 3 years) of the Act on the Control of Narcotics, Etc. for sentencing (20 months to 10 to 2 years) of the Act on the Control of Narcotics, Etc. (2) of the Act on the Control of Narcotics, Etc. (the scope of the recommended punishment) (3) of the basic area (10 months to 2 years) of the medication, simple possession, etc. (2) of the relevant basic area (3) of the Act on the Control of Narcotics, etc. (2) of the Act on the Control of Narcotics, etc. (the scope of the recommended punishment) (2) types (2) (b) of the mitigated area (8 to 1 year and 6) of the mitigated area (3) of the Act on the Control of Narcotics, etc. (3) of the said Act on the Control of Narcotics, etc.

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