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(영문) 서울서부지방법원 2017.08.24 2017고단1896
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

Defendant is not a narcotics handler.

1. On February 2, 2016, the Defendant administered the meat facule, which is a local mental medicine, at D located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu C and fourth floors (hereinafter “Whophone”), in a method of burning it on a coffee.

2. On May 2016, the Defendant administered the scopon’s scopon’s scopon to a coffee.

3. On September 2016, the Defendant administered the scopon’s scopon’s scopon to a coffee.

4. On October 2016, the Defendant administered the scopon’s scopon’s scopon to a coffee.

5. On December 19, 2016, the Defendant received a single-use injection device from G free of charge, which contains approximately 0.35 g of philopon, from G, on the road located in the F in Ma in Sungsung City, around 19:20, and received it.

6. On December 19, 2016, around 23:00, the Defendant administered H’s trade name in Yeongdeungpo-gu Seoul Metropolitan Government on the second floor of H’s net scopon to scopon to a coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the second examination protocol of the police in relation to G;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes governing monthly trends in narcotics;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 proviso to Article 67 of the Narcotics Control Act;

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendations according to the sentencing guidelines] - Category 1 of theO 3 (b) medication, simple possession, etc., - Category 2 of theO in the basic field (10 to 2 years) of the Criminal Procedure Act - Trading, mediation, etc., - Type 2 of the mitigation area (8 months to 6 months).

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