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(영문) 서울중앙지방법원 2015.01.15 2014고단8340
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On April 27, 2014, around 07:20, the Defendant received approximately 0.1g of Mesofta (one philopon; hereinafter “philopon”) a psychotropic drug, a paper-based psychotropic drug, enclosed by C, around the Defendant’s home, pursuant to Seodaemun-gu Seoul, Seodaemun-gu B, 301.

Accordingly, the Defendant received approximately 0.1g of philophones from C.

2. On April 27, 2014, at around 10:00, the Defendant drank approximately 0.1g of philopon from the Defendant’s house to be sled.

Accordingly, the Defendant administered philophones.

3. On August 3, 2014, at around 13:40, the Defendant sent KRW 600,000 to an enterprise bank account in the name of E used by C by requesting the Defendant’s friendship D, and at around 15:40 on the same day, received approximately 0.7 ghon-phones located in the G following part of G in Jung-gu Seoul Metropolitan Government F.

Accordingly, the defendant purchased approximately 0.7g 60,000 won from C.

4. On August 3, 2014, the Defendant drank approximately 0.1g of opon at the home of the Defendant at his own house, and drank.

Accordingly, the Defendant administered philophones.

5. On August 4, 2014, the Defendant drank approximately 0.1g of opon at the home of the Defendant at the bar of the Defendant, and drank.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes to written 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., concerning the relevant criminal facts and the Selection of Punishment;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

3. Article 62 (1) of the Criminal Act;

4. Probation and lecture attendance order under Article 62-2 of the Criminal Act;

5. Reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. [Scope of Recommendation] 10 months from October to August ( Results of processing multiple offenses) / Defendant led to confession.

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