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(영문) 서울중앙지방법원 2017.05.11 2017고단1649
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On August 2016, the Defendant received approximately 0.07 ghopon from D, a local mental medicine, at around August 2016, at the Defendant’s residence located in Jung-gu Seoul Metropolitan Government, by receiving approximately 0.07 gopon from D without compensation.

2. On September 2016, the Defendant received approximately 0.07 g of Handphones from D without compensation from the Defendant’s residence, at the Defendant’s residence, as indicated in paragraph (1) of this Article, from the Defendant, on September 1, 2016.

3. On September 2016, the Defendant received philophones from D without compensation at the Defendant’s residence, as indicated in paragraph (1), from September 1, 2016, by receiving approximately 0.07 g of philophones from D.

4. On March 12, 2017, the Defendant, at around 14:00 on March 12, 2017, administered a philopon by inserting approximately 0.1g of philopon into a single-use injection machine, dilution with water, and injection into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Ratifications (invitations on the results of legal evaluation of chemicals), and drillings (invitations on the results of legal evaluation of chemicals);

1. Application of Acts and subordinate statutes to a report on investigation (the analysis of monetary records) and documents attached thereto (No. 6 through 9)

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Type 2 (the scope of the recommended punishment) of Article 67 of the Act on the Control of Narcotics, Etc.: The scope of the recommended punishment in the sentencing guidelines provided for in the proviso of Article 67 of the Act on the Control of Additional Collection of Narcotics, Etc.; the scope of the recommended punishment [the scope of the recommended punishment] medication, the simple possession, etc. of clopon medication (the scope of the recommended punishment; b) and the increased area (one year to three years) (one year to three years); the receipt of copon [the scope of the recommended punishment] before the same class (the suspension of the execution of not more than three years).

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