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(영문) 서울남부지방법원 2016.08.17 2016고단2736
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant handled Metrophographs (one philophone, hereinafter “philophones”) as follows.

1. Around 15:00 on August 10, 2015, the Defendant paid KRW 500,000 to E at the D coffee shop near Dobong-gu Seoul Metropolitan Government, and received a disposable injection device containing approximately 0.7 grams from E.

2. On August 10, 2015, the Defendant granted approximately 0.2g opon to F free of charge at her mother telephone where the name in the friendly movement of Dobong-gu Seoul Metropolitan Government is unknown.

3. On August 10, 2015, at around 16:30, the Defendant administered approximately 0.3 grams of opphones in a manner that takes the bottom of the cather in a batter by promptly using the catur.

4. On November 2015, the Defendant administered approximately 0.2g of oponphones in a Moel, where the name of G in the vicinity of the Hacheon-si, Seocheon-si is unknown, in a way that the Defendant takes the bottom of the G 0.2g of opons on the copon, and uses it as soon as possible by taking advantage of it.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes on narcotics appraisal;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Sentence 8 months to one year and six months from the date of imprisonment for a crime of violation of the Act on the Control of Narcotics, Etc. by Handphones and waterways on the sentencing guidelines.

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