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(영문) 서울중앙지방법원 2017.05.18 2017고단1132
마약류관리에관한법률위반(향정)
Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 30, 2008, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Chuncheon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence at the Chuncheon Prison on February 18, 2009, and is not a narcotics handler.

1. On May 24, 2009, at around 21:30, the Defendant received delivery of the Mesophical medication (mopon, a single philopon; hereinafter “philopon”) one time from H, which is a local mental medicine in Gangdong-gu Seoul Metropolitan Government, for the delivery of approximately 0.05 g (mopon).

2. On the same day as indicated in the preceding paragraph, the Defendant administered 21:40 p.m. at the same 706 p.m., one-time medication of philophones delivered as indicated in the preceding paragraph (1), in a way that they drinks on both weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to I;

1. Currency details (Evidence Nos. 6 of evidence) / [Before ruling] inquiry of criminal career data, and application of Acts and subordinate statutes on personal identification/ acceptance status;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Punishment, etc., and the selection of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Persons subject to the special mitigation (aggravating) in the mitigated area (from August to one year to six months), of Category 2 (the scope of recommendations), such as giving and receiving of, or arranging the sale and purchase of, O written phones (the scope of recommendations) for the sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: The Defendant shall be punished by imprisonment for the same kind of punishment between October and September 2, 199, for the purpose of medication and simple possession of, or for the same kind of criminal investigation cooperation and/or for the same (not less than three years of suspended execution). The Defendant shall be punished by imprisonment for the same kind of punishment between October and September 2, 199, for the basic area (the scope of recommendations) of Category 3 (b) and a special mitigation (ab) (ab) of (ab) for the purpose of sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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