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(영문) 서울중앙지방법원 2017.12.14 2017고단7566
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten 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

Defendant is not a narcotics handler.

1. On May 2016, the Defendant administered a marcule, which is a local mental medicine, in a marcule in Songpa-gu Seoul Songpa-gu, by hanging the marcule in the beer.

2. On July 2016, the Defendant administered the clopon’s copon’s copon’s copphone in Songpa-gu Seoul, by drinking it on water.

3. On September 2016, the Defendant administered philophones by inserting approximately 0.05g of philophones into a single-use entertainment room located in Gangnam-gu Seoul, Seoul, and dilution with water to the Defendant’s arms.

4. On February 2, 2017, the Defendant administered approximately 0.1g of philophones by drinking them on the water at the sterel in Gangnam-gu Seoul (Seoul), Gangnam-gu (hereinafter “Seoul”).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on prosecutor's statement protocol with respect to D, E, and F;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Selection of Narcotics, Etc. for Criminal Facts (the points of administration of phiphonephones) and the selection of punishment for imprisonment;

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. The grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] medication, simple possession, etc.

However, the defendant has no same power, there has been no history of punishment within the last ten years, the defendant was limited to a simple administration of philopon, and the confession and the mistake are against it.

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