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(영문) 서울중앙지방법원 2017.01.19 2016고단9020
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

Seized evidence No. 5 shall be confiscated.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Majority Relationship] On May 13, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Narcotics Control Act in support of the development of the Suwon method, and the said judgment became final and conclusive on July 13, 2016.

[Criminal facts] Even if the Defendant is not a narcotics handler, he dealt with the Metrophographs (cophophones, hereinafter “copphones”) of a local mental medicine as follows.

1. On August 23, 2015, the Defendant received Handphones from D at the guest room of “Lel” located in Jongno-gu Seoul Metropolitan Government Jongno-gu Seoul, approximately 8.7g of Handphones without compensation.

Accordingly, the defendant accepted philophones.

2. On October 30, 2015, the Defendant, at the guest room of “N hotel” in Jongno-gu Seoul Metropolitan Government M, puts the volume of phiphone into a single-use room, melting the body with water, and continued to put the volume of phiphone in a same-sex relationship with a same-sex relationship by continuously melting the volume of phiphone into water.

O puts it on the spot.

Accordingly, the defendant, in collusion with O, administered philophones.

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of the protocol concerning the examination of suspect to the prosecution of a part of theO, or a protocol concerning examination of suspect to the prosecution of a part of the prosecution;

1. Statement of each police statement on P;

1. A protocol of seizure and a list of seizure;

1. ACCUSIGN test report and confirmation report, and the results of the preliminary test for narcotics;

1. A report on investigation (calculated additional collection charges);

1. His/her previous offense relationship: Inquiry into criminal history, report on investigation (Attachment to a suspect A's judgment), and application of each of the statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. for the Prevention of Criminal Crimes, Article 30 of the Criminal Act (limited to a crime of conspiracy) and Article 60 (1) 3 of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Selection of Imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. proviso to Article 67 of the Act on the Management of Narcotics, etc. subject to Additional Collection (public prosecutor and the defendant);

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