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(영문) 서울서부지방법원 2016.02.11 2015고단2841
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is not a person handling narcotics, but shall not administer, deliver, or receive a local mental medicine.

1. On July 1, 2014, the Defendant received approximately 0.1 g of mephones (hereinafter “ponphones”; hereinafter “ponphones”) from F, a local mental medicine, which was parked in front of the restaurant run by the Defendant in Eunpyeong-gu Seoul, at the early low time, in F, G, G, which is located in the front of the restaurant run by the Defendant, and received a penphone by using approximately 0.1g of mephones (hereinafter “ponphones”).

2. On July 6, 2014, at the Defendant’s residence located in Eunpyeong-gu Seoul Metropolitan Government H on a day-to-day basis, the Defendant administered chophones by having F take approximately 0.1g of water melted in water into the Defendant’s trophophones to the Defendant’s trokes.

3. On May 13, 2015, the Defendant administered approximately 0.1g of philophones at the Defendant’s residence above the Defendant’s residence at noon time, on a call, and administered Mauriusphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Management of Narcotics, Etc. for the Fact-finding, the selection of a sentence, and the selection of a sentence for 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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the value of 23,600 won for the transaction of 0.1g philopon (=one hundred thousand won for each philopon x two times)];

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had the record of being punished for the same crime as the instant crime, narcotics-related crimes need to be eradicated because they have a high potential adverse impact on society as a whole, and in light of the contents and circumstances of the instant crime by the Defendant.

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