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(영문) 서울북부지방법원 2015.05.08 2015고단983
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

Defendant is not a narcotics handler.

1. On January 21, 2015, at around 21:50, the Defendant: (a) provided 200,000 won and purchased psychotropic drugs from a person who cannot know about 0.3g of psychotropic drugs on the street in front of Dongdaemun-gu Seoul Metropolitan Government C building.

2. At around 22:00 on the same day, the Defendant administered approximately 0.15g philopon in the public toilets of the first floor of the C building by drinking it on the water.

3. At around 12:00 of the same month, the Defendant administered approximately 0.15g oponon in the dwelling of Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Government D Defendant in a way of drinking in water.

Summary of Evidence

1. Defendant's legal statement;

1. Written response from the National Institute of Scientific Investigation to the positive response to the suspect's hair;

1. Report on the market price of narcotics and the application of Acts and subordinate statutes to investigation reports (additional imposition);

1. Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) (the purchase of phiphones and the points of administration) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime;

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The reasons for sentencing under Article 67 of the Act on the Control of Narcotics, Etc., the fact that the defendant reflects his wrong, has no record of being punished for the same kind of crime, and must support the old and old age of the defendant, and the punishment as the order shall be determined in consideration of the age, occupation, criminal record, living environment, etc. of the defendant;

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