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(영문) 서울남부지방법원 2017.10.18 2017고단55
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. At around 04:00 on November 201, 2015, the Defendant administered phiphonephones in a manner that inhales the smoke arising from the heating of philophones in the mutual influorial telephones located in Guro-gu Seoul Metropolitan Government with C, D, and E on the gambling place by raising the volume of philophones in the c, D, and E, and by using a medication system made as soon as possible.

2. The Defendant, around January 2016, 2016, administered philophones in a way that, along with E, F, and nameless boxes (one president) in the mutual influorial telephones located in Guro-gu Seoul Metropolitan Government, the G president opened the volume of philophones in the string place and inhales the smokes caused by heating the philophones by using the medication system made as soon as possible with the water branch.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the examination records for suspect (one to three times) filed by the prosecution with regard to D;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (report on the calculation of an additional collection charge);

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. concerning criminal facts; Article 30 of the Criminal Act

1. Optional fine;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the depth of the crime, there is no record of criminal punishment in Korea, the crime was committed twice by simple medication, and there was no request to purchase or actively administer phiphones, the circumstances leading to the crime, living environment, etc. shall be considered, and the punishment shall be determined as per the order;

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