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(영문) 서울중앙지방법원 2017.10.20 2016고단8488
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

On November 24, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on December 2, 2016.

Despite the fact that the Defendant is not a narcotics handler, at around 03:00 on March 2015, the Defendant administered 0.3g of approximately 0.3 gram of Maspopon in Geumcheon-gu Seoul Metropolitan Government E, Maspopon (hereinafter “copon”), using a medication system that made as soon as possible as the paint, and in collusion with Maspher, C, and D administered phiopon in collusion with the popon.

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Statement concerning C in a protocol concerning the interrogation of suspects by the prosecution;

1. Entry in the judgment (the court below's decision-making 2016 High Court Decision 4261)

1. Before a judgment is made, the investigation report (calculated additional charges) shall be written;

1. Investigative report (Confirmation of suspect's separate judgment) and text of judgment (Seoul Southern District Court Decision 2015 Godan 9566 and Seoul Central District Court Decision 2016 Godan 1657);

1. A report on investigation (Attachment of data for ex post facto concurrent crimes) and a statement of inquiry about summary information of the case;

1. Application of Acts and subordinate statutes entered in court rulings (Seoul Central District Court Decision 2016No 3101)

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, and Article 4 (1) 3 (b) of the Act on the Selection and Management of Narcotics, Etc., and Article 30 of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., favorable circumstances deemed as the following grounds for sentencing):

1. The Defendant administered a philophone, which is a local mental medicine, that causes severe physical or mental dependence when the Defendant abused the reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., and considering the fact that such narcotics crime is highly likely to have an adverse impact on society as a whole, the Defendant’s liability for the crime is light.

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