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(영문) 서울남부지방법원 2016.09.07 2016고단3123
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he dealt with the psychotropic drugs (one philophone, hereinafter referred to as “philophone”) as follows:

1. On October 21, 2015, the Defendant received plasticphones without compensation from D around October 21, 2015, around KRW 21:00, a vinyl paper containing approximately two grams of philopon on the roads near the C Park located in Guro-gu Seoul Metropolitan City.

2. At around October 21, 2015, the Defendant administered philophones by means of taking two grams of philophones on a gambling place at the Maurel room where the trade name in Guro-gu Seoul Metropolitan Government is unknown, and in a manner of inhaleing the inhaled smoke from a buphone, using the inhaled tool.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol concerning the examination of suspect (second time) of the police, and a copy of the protocol concerning the examination of suspect of the police (third time);

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. From August to June of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (fence), such as the purchase, sale, arrangement, etc. of the narcotics crime group, from August to June of the year.

Items c) and c.

(1) From 10 to 2 years from 3 years from 10 months from 10 months from 2 years from 3 years from 10 years from 10 years from 10 years from 2 years from 10 years from 10 years from 10 years from 10 years from 10 years from 2 years from 2 years from 10

Items c) and c.

(i)the basic sphere of recommendations that have been modified according to the processing criteria for multiple crimes: Imprisonment for 10 months to 2 years;

2. Narcotic drugs-related crimes are very serious crimes with great harm to society, and should be punished strictly, but the defendant should use phiphonephones without compensation.

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