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(영문) 서울중앙지방법원 2014.09.19 2014고단4193
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated psychotropic drugs-related Mesofters (hereinafter “copon”).

1. On September 15, 2012, the Defendant, around September 15, 2012, hopon medication, dumped the Defendant into the “E” located in Yeongdeungpo-gu Seoul Metropolitan Government D, and dumpoponing a large amount of hopon into the hopon inhaled body, and dumping it with F, G, H, I, and I, respectively.

Accordingly, the Defendant administered philophones in collusion with F, G, H, and I.

2. On April 2014, the Defendant 201: (a) 20:0 on the first half of April 2014, 2014, she dump medication, and dumped with F, J, and H, with a f, J, and H, by leaving the crophone in the Yeongdeungpo-gu Seoul Metropolitan Government “E” located in Yeongdeungpo-gu, Seoul Metropolitan Government D; and (b) raising the f, J, and H to the dump inhale; and (c) making it dump.

Accordingly, the Defendant administered philophones in collusion with F, J and H.

3. Around June 14, 2014, the Defendant administered a scopon medication, which was around 20:0 on June 14, 2014, with approximately 0.2 gramphones in Jung-gu Seoul, Jung-gu, and about 0.2 gramphones in a beer.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the examination protocol of the prosecution concerning G;

1. A copy of a protocol of examination of suspect to the J; and

1. The application of Acts and subordinate statutes to a report on investigation, a report on investigation (the base of a prosecution against a suspect and a report on an appraisal requested by the National Institute of Scientific Investigation for Assessment);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and Article 30 of the Criminal Act on the Control of Narcotics, etc., and Article 30 of the Criminal Act, respectively, concerning the relevant criminal facts and the selection of punishment;

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

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. (1 once medication 100,000 won x 3 times); and

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: Imprisonment with prison labor for not more than 15 years;

2. The recommended sentence on the sentencing criteria: August - the third class, such as medication and simple possession in September.

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