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(영문) 서울남부지방법원 2016.04.11 2016고단691
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, he dealt with the Metepha (the clopphone; hereinafter referred to as the “philopon”) which is a local mental medicine as follows.

1. On October 2015, the Defendant: (a) found two disposable injection equipment on the 106 west-gu Seoul apartment complex C, Yangcheon-gu, Yangcheon-gu, Seoul, 2015, and became up to November 10, 2015, by means of keeping the Defendant in the next storage space of the driver’s seat.

2. On November 10, 2015, the Defendant stopped on the sideway located in Gangdong-gu Seoul Metropolitan Government on November 10, 2015, and melted the water in a single-use injection instrument, which contains the amount of calcopon in the car, and then injected it into the arms.

3. On November 11, 2015, the Defendant stopped in Songpa-gu Seoul, Songpa-gu, Seoul around 01:00, stored water in a single-use injection machine containing sponphone in which the sponphones are non-filable and melted into the following arms.

4. Around 14:00 on February 9, 2016, the Defendant administered the instant Lone Star Co., Ltd., parked in the 1st floor parking lot of Yangcheon-gu Seoul Metropolitan Government apartment complex C, in the form of drinking in water.

Summary of Evidence

1. Statement by the defendant in court;

1. Responses to requests for appraisal, and additional responses to requests for appraisal;

1. Photographs;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which the preparation of a sentence is made, and the selection of imprisonment for a crime;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. A violation of the Act on the Control of Narcotics, Etc. on the Sentencing Criteria: From October to two years (a period of imprisonment for a group of narcotics crimes, medication, simple possession, etc., three types (b), three types (c) and basic areas)), and the scope of the recommended sentence revised according to the guidelines for handling multiple crimes: Imprisonment with prison labor for not less than ten months;

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