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(영문) 서울중앙지방법원 2018.04.05 2018고단225
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Defendant is not a narcotics handler.

1. On August 20, 2017, the Defendant: (a) around 22:00, at the “E” letter or toilet located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) the Defendant was administered one time by a person who is not his/her name, and delivered KRW 100,000 in cash.

Accordingly, the defendant purchased philophones.

2. The Defendant, at the time, at the same time and place as the preceding paragraph, had the person without the name of the Defendant put approximately 0.05g of philophones purchased as above into a single-use injection machine and used it as a living water, and had the Defendant take an injection into the Defendant’s arm’s length blood.

Accordingly, the Defendant conspiredd with a person with no name or a person with no name, and administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (Attachment to the country against the party against which the person is complained against and as a result of appraisal of narcotics);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 30 of the Criminal Act as to the crime (Article 30 of the Criminal Act as to Article 60 (2) of the Act on the Management of Narcotics, Etc.) and each decision of imprisonment with prison labor, respectively;

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. An order to observe the protection under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The scope of the final sentence due to the purchase or the increase of multiple types of crimes [the scope of the punishment for a person subject to special mitigation] in the mitigation area ( August to January 6) of the mitigated area (the scope of the punishment for a person subject to special mitigation] of Class 2 (the scope of the punishment for a person subject to special mitigation) of the mitigated area (the scope of the punishment for a person subject to special mitigation) of the mitigated area (the number of years from 10 to 2 years), including the administration and the mere possession, etc. of Class 3 (b), items (c) and (c)) of the basic area (the scope of the punishment for a person subject to special mitigation): From 10 to 2 years:

2. The judgment of suspended execution in 2012 as a result of the same kind of crime in which the sentence is to be sentenced, and the suspension of indictment in 2015.

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