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(영문) 서울중앙지방법원 2018.12.20 2018고단6326
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 a period of 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 handled the Megatop cloid (one philopon; hereinafter “philopon”), which is a local mental medicine, as follows:

1. On February 2, 2018, the Defendant: (a) inserted approximately 0.05g of philopon into a single-use teaching machine; (b) injected the Defendant’s spopon into the Defendant’s spopon phone, which he came to know at the spopon telecom near the Southern Branch of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, by means of inserting it into a single-use teaching phone; and (c) dilution it with water.

2. On September 11, 2018, the Defendant administered a philopon in a way that, around 2018, the Defendant added the volume of the philopon’s philopon’s philopon’s philoping app, which was known through a smartphone holding app, into the glass pipe, and heated the philop’s philop’s philoping with the said man, and inhales it with the said man.

Accordingly, the Defendant, in collusion with a man who is not his name, administered philophones, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to report on investigation (report on the market price of phiphonephones);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 3, and Article 2 of the Act on the Management of Narcotics, Etc., which are the choice of punishment;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Although the crime related to narcotics for the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. shall be punished strictly in light of the relevant social harm, it shall not be punishable again, but the crime has no record of the same kind of crime, and shall not be re-offending;

Considering the advantages of this kind in the court, the court shall take into account the circumstances favorable to this point, and take into account the records of the defendant's age, sex, environment, etc. and the circumstances that form the conditions for the sentencing specified in the argument of this case, within the scope of the sentence set in the sentencing guidelines.

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