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(영문) 서울남부지방법원 2016.08.24 2016고단3196
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 a period of 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, the Defendant handled Metrophographs (one philophone, hereinafter “philophones”) as follows.

1. On May 26, 2016, the Defendant: (a) paid KRW 300,00 to E from the studio room in Geumcheon-gu Seoul Geumcheon-gu Seoul Metropolitan Government (hereinafter “Del”); and (b) purchased philophones by receiving a delivery of vinyl flouds containing approximately one g of philophones from E.

2. On May 26, 2016, the Defendant administered a phiphone in a manner that inhales smoke from the string room of the new wall Geumcheon-gu Seoul Metropolitan Government “Del” room by raising about 0.2g phiphones from the string room to the string room, and in a manner that inhales smoke from the bottom of the string engine using the string tool.

3. On July 1, 2016, the Defendant administered a penphone in a manner that inhales smoke from a single-name “H,” located near G University H, Gocheon-gu F by raising about 0.2g gramopon at a gambling place in the vicinity of G University, and using a rophone to inhale it from the bottom thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each police suspect interrogation protocol regarding E;

1. A person conducting a urine inspection and written confirmation;

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. 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. Violation of the Act on the Control of Narcotics, Etc. by Purchase of Handphones on the Sentencing Criteria (as a result, purchase or delivery for medication, simple possession, etc.) shall be based on each philophone medication in the range of 8 months to 1 year and 6 months (as a result, 2 types (e.g., marijuana, f., b., c., c.).

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