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(영문) 서울중앙지방법원 2016.09.01 2016고단4391
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for one year;

2. The sum of 100,000 won shall be collected from the defendant and the amount equivalent to the additional collection charge shall be collected.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant is called as a psychotropic drug handler, a Mesophopon (hereinafter referred to as “philoopon,” as follows:

I dealt with this issue.

1. On June 28, 2016, at around 16:00, the Defendant administered phiphonephones by inserting approximately 0.03gopon into a single-use injection machine, dilution with bio-waterways, at the Defendant’s residence in Seongbuk-gu Seoul, Seongbuk-gu Seoul.

2. On July 1, 2016, around 11:45, the Defendant: (a) placed approximately 0.76 grams in front of the Korean bank E branch in Seongbuk-gu Seoul, Seongbuk-gu, in a one-time injection machine, and carried a phiphone in his/her own bank; and (b) carried a phiphone.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of each letter of narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The proviso of Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection and Provisional Payment Order, Article 334(1) of the Criminal Procedure Act / [Grounds for calculation] / 10,000 won for the sentencing of 100,000 won for a single-time medication on a philopon / [the scope of recommendations given in the sentencing criteria] o 1, 2 crimes (c) - the final sentencing scope due to the aggravation of multiple crimes in the basic sphere (10 to 2 years) of the basic area (10 to 10: (b) and (c) of category 3 (10 to 2 years): Crimes related to narcotics, etc. / from 10 months to 3 years [decision of sentence] are causing the degradation of the whole individuals, homes, society, and human society, and need to be punished in that they

I would like to say.

In full view of the following circumstances, the sentencing conditions shown in the trial process of this case, including the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, it is ordered as ordered within the scope of the recommended sentence.

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