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(영문) 서울중앙지방법원 2016.07.07 2016고단2965
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Receipt and delivery of Metepopa (one philopopon; hereinafter referred to as “philopon”) who is a medicine of a psychotropic spirit;

A. On October 10, 2015, around 18:00, the Defendant received approximately 0.03 grams from E before the Jongno-gu Seoul Metropolitan Government D Bank around the Jongno-gu Seoul apartment complex.

B. On November 16, 2015, at around 22:20, the Defendant received approximately 0.2 ghopon from H in front of G in Gangnam-gu Seoul, Gangnam-gu with approximately 0.2gopon.

2. Medication of phiphones.

A. On October 2015, the Defendant administered approximately 0.03g of philophonephones received from the Defendant’s residence toilet in Jongno-gu Seoul apartment 113 Dong 808, supra, in the manner of drinking at water, as stated in the foregoing 1-A.

B. On November 19, 2015, at around 02:00, the Defendant administered approximately 0.1g of the phiphonephones received from the above 1-B, as described in the foregoing 1-B, in a way of drinking in water.

3. On November 19, 2015, the Defendant possessed 0.02 gramphones under the front door door board of the residence around 16:50 on November 19, 2015, by inserting approximately 0.02 gramphones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of each protocol concerning the examination of suspect of the police to E and H;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes of each letter of appraisal of narcotics and each copy of judgment;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

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

1. The fact that the reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is against the defendant's recognition of the crime, the fact that there is no record of the same kind of crime to be considered by the defendant, the defendant's health status, the age, sex, environment, family relationship, and the crime.

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