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(영문) 서울남부지방법원 2017.01.25 2016고단5964
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a Chinese who is staying in Korea and is not a narcotics handler.

1. On October 2016, the Defendant accepted approximately 0.3 g of Mephones (one philopon; hereinafter referred to as “philopon”) from D in a mutually influorial restaurant located in the Yeongdeungpo-gu Seoul Metropolitan Government Daelimdong, and received approximately 0.3g of Melopon without compensation.

2. At around 22:00 on November 19, 2016, the Defendant: (a) sticked to the Defendant’s FF course in the vicinity of Geumcheon-gu Seoul Metropolitan Government; (b) sticking up 2 plastic water lids together with G at the top of the top of the top of the cover, sticking up 0.3 g of opphones into the inhaled body; (c) put them into the inhaled body; (d) put them into the inhaled body; and (e) put them back into the inhaled body; and (e) rupture the smoke into the sludged body; and (e) inhaled them as soon as possible, inhaled them by using a “friens” method so as to inhale the smoked body as other promptly.

Accordingly, the Defendant conspiredd with the above G and administered approximately 0.3g of philophones in the above way.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to G of a copy of the protocol concerning examination of suspects by prosecutors;

1. Relevant Article of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of receipt of philopon) of the Act on the Management of Narcotics, etc., Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., Article 30 of the Criminal Act, Article 30 of the Criminal Act, and Article 66 (2) of the Act on the Selection of Narcotics, etc., and Article 66 (Concurrent Imposition of Fines pursuant to Article 66 (2) of the Narcotics Control Act) concerning the 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. The sentencing criteria shall be set;

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