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(영문) 서울북부지방법원 2016.03.23 2015고단3709
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

No person, other than a narcotics handler, shall possess, receive, administer, sell, sell, etc. Memphographs (one philopon, hereinafter referred to as "philopon") which are a local mental medicine.

1. On September 6, 2015, at around 20:00, the Defendant injected approximately 0.03g of philopon into the Defendant’s arms using a disposable injection device at the Defendant’s house located in Seoul Jung-gu B Stud 311.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

2. On September 7, 2015, around 05:00, the Defendant injected approximately 0.03g of philophones to the Defendant’s arms using a disposable injection device from the above house of the Defendant at around 05:00.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. The results of the preliminary test for narcotics, the report on the results of the preliminary test for narcotics, and the application of statutes governing the appraisal of narcotics;

1. Relevant Article of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection of Criminal Crimes, and Selection 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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines for one crime [the scope of the recommended punishment] ; the scope of the final sentence due to the aggravation of the number of self-denunciation / [the scope of the recommended punishment ; six months to one year and six months] / the mitigated area (six months to one year and six months) / the self-denunciation 2 / the mitigated area (the scope of the recommended punishment ; six months to one year and six months; b) / the mitigated area (the scope of the recommended punishment ; c) / the mitigated area (six months to one year and six months) / the mitigated area (the person subject to special mitigation / the number of self-denunciation : six months to two months:

3. The defendant's person who has been sentenced to the decision of the sentence, who voluntarily surrenders himself, and who has been sentenced to the suspension of indictment for the same kind of crime, but has no record of criminal punishment.

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