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(영문) 서울북부지방법원 2016.07.15 2016고단853
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than a narcotics handler, shall administer, deliver, receive, or otherwise administer Meptopa (one philopon, hereinafter referred to as "philopon") which is a local mental medicine, and the defendant is not a narcotics handler.

1. On August 25, 2015, the Defendant received and delivered approximately 0.03 g of philopon from C at the office of ship ship C located in Yongsan-gu Seoul Metropolitan Government, and from C, received and delivered them.

2. On the same day, the Defendant administered 13:05 pononconconconconconconconconconconconconconconconing approximately 0.03 gonconconconconconconconconcon

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of an appraisal response;

1. Relevant legal provisions and Articles 60(1)2, 4(1) and 2 subparag. 3(b) of the Act on the Selection and Management of Narcotics, Etc., concerning criminal facts, and imprisonment with prison labor, respectively;

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. 100,00 won = 100,00 won/per market price of a penphone in the proviso to Article 67 of the Narcotics Control Act;

1. The sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is 3 (b) or 3 (3) of the Framework Act on the Classification of the Specific Sentencing Criteria: The sentencing is 5 (1) or (3) of the Act on the Control of Narcotics, Etc.: The sentencing is 5 (1) or (3) of the Act on the Control of Narcotics, Etc.; the sentencing is 5 (1) or (4) or (2) or (1) or (2) or (3) or (3) of the year: The sentencing is 5 (1) or (2) of the Act on the Control of Narcotics, etc.: The sentencing is 5 (1) or (2) of the Act on the Control of Narcotics, etc.; the sentencing is 1 or more years but not more than 3 years but not more than 10 years: the sentencing is 1 year or more; the sentencing is 3 years of imprisonment, and the probation is 80 hours or more; and

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