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(영문) 서울남부지방법원 2016.12.21 2016고단5191
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 and 4 shall be confiscated, respectively.

20,000 won from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a person handling narcotics, he/she dealt with the psychotropic drugs-related Meblopon (one philopon; hereinafter “philopon”) as follows.

1. On October 20, 2016, the Defendant: (a) purchased and sold 20,000 won in cash on a philopon in a vehicle parked on a road adjacent to the boundary line located in the Namdong-gu Incheon Metropolitan City, for a single-use clopon; (b) purchased and sold 3.3g of philopon in a single-use clopon; and (c) paid 200,000 won in return.

2. At around 18:00 on October 20, 2016, the Defendant administered phiphonephones by inserting water into a single-use injection instrument containing approximately 0.3g of the said phiphones, and dilution three times at intervals of one hour after the dilution.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol and 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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. From one year to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) due to the purchase and sale of phiphones on the sentencing guidelines.

Items c) and c.

The term of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (flavoring) due to the administration of phiphonephones, etc. in the basic area (special mitigation factors: purchase for medication, special aggravation factors: previous records of the same kind) from one year to three years (the term of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc.).

Items c) and c.

(i)the scope of the recommended sentence that has been modified according to the criteria for multiple crimes: one year to four years;

2. As to the narcotics crimes for which sentence is to be declared:

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