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(영문) 서울동부지방법원 2017.10.12 2017고단1799
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant of "2017 Highest 1799" is not a person handling narcotics.

Nevertheless, around 01:00 on June 9, 2017, the Defendant administered D Syna’s toilet “D Syna” located in Soyang-gu, Seoyang-gu, Seoyang-gu, with approximately 0.07g malphon (one-name “Wylophone”).

The defendant of "2017 Highest 2587" is not a person handling narcotics.

1. On January 201, 2017, the Defendant: (a) inserted approximately 0.1g of Mebatop (one philopon), a local mental medicine, into a single-use injection machine; (b) injected the instant philopon in a way that he/she injected the instant philopon into the left part of his/her blood.

2. On February 17, 2017, the Defendant, around the new wall, put about approximately 0.1g of Metepopa (one philopon (one philopon), which is a native mental medicine, into a single-use injection instrument, injected the instant philopon in the left part of the instant Etel 443 room, and dilution it with a raw water, and administered the said philopon in the way of injection into the left part of the blood bank.

Summary of Evidence

"2017 Highest 1799"

1. Statement by the defendant in court;

1. Results of a simple inspection of seizure records, list of seizure, and documentary evidence sealed;

1. A statement on narcotics appraisal;

1. A criminal investigation report (calculated amount of additional collection) "2017 Highest 1799";

1. Statement by the defendant in court;

1. A copy or a gene appraisal report of narcotics;

1. Investigation report (the results of DNA appraisal collected from the person under investigation), response to a request for appraisal, and a gene appraisal report;

1. A report on investigation (calculated of an amount additionally collected), and the application of statutes governing the monthly trend of narcotics;

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. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. provides that crimes related to narcotics, etc. for sentencing of KRW 300,000, as well as personal information, may harm national health or cause other crimes.

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