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(영문) 서울중앙지방법원 2016.08.10 2016고단3498
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is not a person dealing with narcotics, as a Chinese national ship.

1. On May 2016, the Defendant received cash 200,000 won from the member C, 202, and D, which is a local mental medicine, from the Defendant, and received non-explosion (one philophone; hereinafter “philophone”).

Accordingly, the defendant purchased philophones.

2. On May 23, 2016, the Defendant: (a) connected two glass tubes at the entrance of plastic bottles containing half of water to the front of the unit E in Ansan-si, Ansan-si; and (b) inhaled the water through water to the opposite glass pipe if heated, and flown into the opposite glass pipe.

Accordingly, the Defendant administered philophones.

3. On May 27, 2016, the Defendant kept approximately 0.12 grams of 0.12 grams of philphones purchased from D in its passenger car capacity parked at the places specified in paragraph 1 at around 19:20.

Accordingly, the defendant possessed a philophone.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of the response to a request for appraisal, and the additional response statutes requested for appraisal;

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 Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);

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 main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. (the seizures referred to in subparagraph 1 of the same Article shall not be confiscated since they were consumed as an appraisal);

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (calculated basis: Reporting on an investigation (calculated additional collection charges);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Class 1 and 2 of the sentencing guidelines (the scope of recommendations) are the basic area (0 months to 2 years) of the three types, including the medication and the simple possession, etc.

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