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(영문) 서울중앙지방법원 2015.11.13 2015고단5825
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than 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

The defendant is not a person handling narcotics.

1. Around August 5, 2015, the Defendant: (a) at the house of a person whose name is not known (one person, one person, and two persons whose name is unknown; (b) installed two as soon as possible on the aquatic disease containing water; (c) laid down the upper part of the immediate upper part of the instant area by raising the number of merpiles (one, one (one, two (one (one; hereinafter referred to as “propon”); and (d) attaching a rophone by attaching it to another person; and (e) inhales the smoke of the rophone emitted as soon as possible by passing through water.

Accordingly, the Defendant, in collusion with a person who is not known of F or name, administered philophones in collusion.

2. Around September 3, 2015, the Defendant inhaled, in the house of a person whose name the above was unknown, and in the same manner, the Defendant’s smoked by attaching a fire to the philophone’s in the same manner.

Accordingly, the Defendant, in collusion with a person who is not known of F or name, administered philophones in collusion.

Summary of Evidence

1. Defendant's legal statement;

1. A narcotics appraisal statement;

1. Application of Acts and subordinate statutes on police seizure records;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on the Control of Criminal Crimes, Article 30 of the Criminal Act (the point of issue of administered phiphones), and choice of imprisonment with prison labor;

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

1. Scope of recommendations for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. - The basic area (10 to 2 years) for medication, simple possession, etc. - The decision of sentencing that no person is to be sentenced shall be determined as ordered by the court in consideration of the following various sentencing conditions as shown in the argument of the instant case, including the Defendant’s age, character and conduct, environment, motive and consequence of the crime, etc.

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