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(영문) 서울남부지방법원 2016.10.26 2016고단3763
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he/she handled psychotropic drugs-related Mepters (i.e., one philopon; hereinafter “philopon”), and marijuana as follows:

1. On April 1, 2016, the Defendant administered philophones by inserting approximately 0.03g of philophones into the Defendant’s dwelling at Gangseo-gu Seoul Metropolitan Government B apartment 107 Dong 1515, and inserting them into a single-use injection machine and inserting them into the Defendant’s arms in injection.

2. The Defendant: (a) smoked marijuana, at the same time, at the place as above; (b) smoked marijuana in such a way that he puts it into tobacco paper, puts it into a shot; and (c) smokeed in such a way

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes governing requests for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. From 10 to 2 years of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc., the scope of the recommended sentence on the sentencing guidelines shall be limited to the category 3 of the same Act;

Items c) and c.

(i)the basic sphere of the Act on the Control of Narcotics, Etc.: 8 months to 1 year and 6 months from the date of imprisonment for a violation of the Act on the Control of Narcotics (mariana);

Items e and e.

(1) The scope of the recommended sentence that is modified according to the standards for handling multiple crimes: Imprisonment with prison labor of 10 months to 2 years;

2. A narcotics-related crime that has been sentenced must be eradicated as a serious crime that has destroyed the home and society as well as a criminal himself/herself and that has caused other crimes.

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