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(영문) 서울중앙지방법원 2016.03.17 2016고단306
마약류관리에관한법률위반(향정)
Text

1. The 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, the Defendant handled the Metropha (one philophone, hereinafter referred to as “philophone”) which is a local mental medicine as follows.

1. A. On February 8, 2014, at around 06:30 on February 8, 2014, the Defendant purchased phiphonephones by receiving KRW 3.50,000 from E and receiving approximately 0.7 gramphones contained in a disposable injection machine in the D coffee shop located in Seocho-gu Seoul Metropolitan Government.

B. At around 07:00 on the same day as the above A. B., the Defendant: (a) administered phiphones by having E injection approximately 0.07 grams of philophones purchased in Seocho-gu Seoul Metropolitan Government using a one-time injection device; and (b) administered philophones.

2. A. On March 4, 2014, at around 06:00, the Defendant purchased opphones by receiving KRW 300,000 from the Defendant’s vehicle parked on the top of “I” Packaging located in Gangnam-gu Seoul Metropolitan Government H, and delivery of approximately 0.7 gramphones contained in the disposable injection machine.

B. The Defendant, at the same time and place as the above A. B, had E in injection of approximately 0.07gg of philophones purchased as set forth in the above A. B, using a disposable injection device, administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to E and J;

1. Application of Acts and subordinate statutes on telephone details;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The proviso of Article 67 of the Narcotics Control Act, Article 334(1) of the Criminal Procedure Act / [Mison Grounds] Article 67 of the Act on the Management of Narcotics, Etc. and Article 334(1) of the said Act / 6.50,00 won in total = 3.50,000 won (A. of January 1).

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