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(영문) 서울남부지방법원 2016.07.20 2016고단1397
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 1 and 2 shall be confiscated.

50,000 won from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled the Metropha (one philophone, hereinafter “philophone”) which is a local mental medicine as follows:

1. On April 2015, the Defendant: (a) received approximately 0.8g of oponon from a dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si (hereinafter “Chon-si”); and (b) purchased opon-phones by paying KRW 200,000 to the Defendant.

2. On May 25, 2015, the Defendant issued approximately 0.3 grams to C in front of the mutual influence on the roads adjacent to the Seo-gu dialogue, Seoyang-gu, Seoyang-gu, Busan Metropolitan City.

3. Medication of phiphones.

A. On May 28, 2015, the Defendant administered phiphones in a way of inserting approximately 0.1g of phiphones into a single-use injection machine and dilution into arms at the mutual influent telecom near Seo-gu, Seo-gu, Seoyang-gu, Seoyang-si.

B. On April 7, 2016, around 08:00, the Defendant administered phiphones by inserting approximately 0.06 gopon into a single-use injection machine and dilution it into the arms, and administering phiphones in a way of injection into the arms.

(c)

On April 7, 2016, the Defendant, at around 16:00, administered phiphones by inserting approximately 0.06 gramphones into a single-use injection machine, dilution with raw water, and injection into arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect C by the police;

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

1. Seizure records;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The scope of the recommended sentence on the sentencing criteria shall be written.

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