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(영문) 서울북부지방법원 2017.03.15 2017고단95
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

No person, other than a narcotics handler, shall administer a Mept ctopop (one philophone, hereinafter referred to as “philophone”), which is a local mental medicine, and the defendant is not a narcotics handler.

On February 1, 2016, at the time of the Defendant’s residence in Gangseo-gu Seoul Metropolitan Government around 16:00, the Defendant administered 300,000 philophones purchased by remitting KRW 00,00 to the seller of the philophones, which was known through the search via the preceding Internet, and driving philophones in a way of drinking out the volume of 0.1g philophones purchased.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a report on investigation (the results of precise appraisal with a country - combined);

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

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. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the scope of punishment ] medication, simple possession, etc. / No person who has no basic area (from October 2 to 2) [the person who has been sentenced to special sentencing] / [the decision of sentencing] / The defendant has a record of being punished for a same kind of crime and reflects the fact that the defendant has a record of being punished for a same crime, and the fact that the defendant is against the law, etc., shall be determined as per the order.

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