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(영문) 서울중앙지방법원 2016.11.17 2016고단7267
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related Mesofts (one philopon, hereinafter referred to as “philopon”).

1. On June 26, 2016, the Defendant: (a) around 01:00, at the residence of Gangnam-gu Seoul Metropolitan Government BFC 303; (b) caused C to injection of approximately 0.03 grams for one-time medication using a one-time injection device for the Defendant’s arms, and administered phiphones.

2. In collusion with C, the Defendant, at the date, time, place, and place described in the foregoing paragraph 1.3, recommended D to administer phiphones into DNA injection, and the Defendant used phiphones by injecting approximately 0.03g of philophones per time using a disposable injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement concerning D;

1. Each investigation report (the sequence 28, 44, 45 in the list of evidence) and accompanying documents;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of seized evidence;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act (limited to the joint use of penphones), Article 30 (limited to the joint use of penphones), the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. proviso of Article 67 of the Act on the Control of Narcotics, Etc., Article 334(1) of the Criminal Procedure Act: 20,000 won in total (i.e., 100,000 won for one-time medication x 2 times) for sentencing [the scope of recommendations given in the sentencing guidelines] 1 and 2 (the scope of recommendations given in the sentencing guidelines) - the scope of final balancing due to multiple aggravated crimes of category 3 (b) and basic areas (10 to 2 (10 to 2) for medication, simple possession, etc.) (10 to 3 years): 10 months or 3 years [decision of sentence].

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