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(영문) 서울중앙지방법원 2018.04.12 2017고단8888
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

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Mespoptopy (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On March 11, 2017, around 23:30 on March 11, 2017, the Defendant purchased a disposable injection machine from the street in front of Yongsan-gu Seoul Metropolitan Government “D” to pay for the funeral fee of KRW 200,000,000 from the street, and from that time, one of the disposable injection equipment that falls under approximately 0.2g of Handphones.

2. On March 2017, the Defendant, at the Office of “G” located in Yeongdeungpo-gu Seoul Metropolitan Government, purchased 200,000 won in total and 400,000 won in total, and 200,000 won in total, purchased from the office of “G” located in Yeongdeungpo-gu Seoul Metropolitan Government, and from the office of “G”, the Defendant received one of the disposable injection equipment as indicated in the foregoing paragraph 1.

3. On March 2017, the Defendant administered the scopic scopic scopic scopic scopic scopic (scopic 0.03 gscopic scopic scopic scopics) at the place of residence located in Seoul Special Metropolitan City, Gwanak-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Details of out-to-door E and multilateral currencies;

1. A written appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and the selection of imprisonment, 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. proviso to Article 67 of the Narcotics Control Act (total sum of purchase prices paid by the defendant);

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment in that the crime of narcotics is a pathology that causes the degradation of individuals, homes, society, and human beings. The criminal intent of the defendant, which leads to the criminal act, is more than a mere face-to-face trial.

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