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(영문) 서울중앙지방법원 2018.02.08 2017고단8532
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 5 shall be forfeited from the defendant.

from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Mept Ampha (hereinafter referred to as “philopon”) of a local mental medicine as follows:

1. Medication of phiphones;

A. On March 6, 2017, the Defendant administered philopon in a way that philopon (ordinaryly 0.03 to 0.05 gloopon) in the Defendant’s residence, Nam-gu Incheon apartment C apartment, Incheon, 305 Dong-gu, 1009, 1009, in a way that the steam was put on a blopon (ordinaryly 0.03 to 0.05 g) at a gambling place.

B. On November 19, 2017, the Defendant administered approximately 0.05 g of philopon at the dwelling of the above Defendant at the latest.

2. At around November 21, 2017, the Defendant, holding a philophone, contained a vinyl bag containing approximately 0.19g of philophone in the above Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Records and photographs of seized articles;

1. A narcotics appraisal report (each side, seized material, hair, and gene appraisal report);

1. Gambling photographs, a detailed statement of the processing of reported cases, telephone conversations details, and real-time location tracking photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the gambling place discovered in a suspect's belongings, and philophones used by a person under his/her own use);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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 48 (1) of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] / [the decision of sentence] / [the decision of sentence] is not only to avoid the body and mind of an individual, but also to cause serious adverse effects on society as a whole, such as impairing public health or inducing other crimes, and there is a need for strict punishment. The defendant's investigation is the same kind of crime.

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