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(영문) 서울북부지방법원 2017.08.16 2017고단1438
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

White fluorite fluorites, contained in a single-use dluor that has been seized.

Reasons

Punishment of the crime

No person, other than a narcotics handler, shall sell, administer, or possess Meptopa (one philopon, hereinafter referred to as “philopon”), which is a local mental medicine, and the defendant is not a narcotics handler.

On December 2, 2016, the Defendant: (a) paid KRW 600,00 to F, and purchased approximately KRW 1g, 300,00,00,000 to F, Yangsan-si E Apartment-si 301 Dong 108; and (b) handled phiphones over six times in total, from around that time to December 23, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against F and G;

1. Police seizure records;

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 60 (1) 2, and Article 60 (1) 1, and Article 4 (1) 1 and Article 4 (1) 3 (b) of the Narcotics Control Act concerning the facts constituting an offense, and Article 30 of the Criminal Act concerning the selection of 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. Crimes under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of punishment recommended] for sentencing first [the total amount of KRW 79,000 x 300,000 x 579,000 x two times (including public offenders) for medication on the first day of December 2016] x 100,000 x the total of KRW 779,000 x 3 types (the scope of punishment recommended] for mitigation and simple possession, etc. [the scope of punishment] for mitigation area (6 months to one, one year, and six (3) months] for the 2nd types of crimes under cooperation in important investigation [the scope of punishment recommended] for medication and possession, etc. [the scope of punishment for three months to six (1) months, including recommendation] for special mitigation and mitigation area

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