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(영문) 서울중앙지방법원 2017.01.19 2016고단8019
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for six months;

2. 20,000 won shall be collected from the defendant and the amount equivalent to the additional collection charge shall be collected.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he dealt with the Metepha (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.

1. On May 22, 2016, the Defendant administered philophones by dilution the volume of philophones into water at his own dwelling located in Gangnam-gu Seoul Metropolitan Government building C, and by dilution the volume of philophones into water.

2. On June 11, 2016, the Defendant administered philophones by raising the volume of philophones on the scopon in the places indicated in the foregoing paragraph 1. The Defendant injected philophones by heating the scopon on the scopon and inhaleing the smoke.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. proviso of Article 67 of the Narcotics Control Act, Article 334(1) of the Criminal Procedure Act: 20,000 won in total (i.e., 100,000 won per philophones (i.e., 100,000 won per philograms) x 2) - The reason for sentencing [the scope of the punishment recommended according to the sentencing guidelines] Nos. 1 and 2 (ii) - the aggravated area (i.e., 1 year to 3 years and c) - the special aggravated area (i., b) - the number of special aggravated crimes of the same kind and the number of aggravated crimes: one year to 4 years [decision on the punishment] - the crime related to narcotics, etc. brings about the personal depression of individuals, homes, and human society, and needs to be punished in excess of the social consensus.

In full view of the sentencing conditions shown in the trial process of the instant case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after crime, the lower limit of punishment shall be set as the order by lowering the lower limit of punishment.

A favorable condition:

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