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(영문) 서울중앙지방법원 2018.12.13 2018고단7050
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

50,000 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional charges shall be made.

Reasons

Punishment of the crime

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

1. On October 21, 2018, the Defendant: (a) around 23:00 on October 21, 2018, received approximately 0.05g 0.05g gramphones that were contained in the instant male in a single-use line from the said male, with the nameless male, who became aware of through smartphone-type app from the cross-type telephones located in the Gangnam-gu Seoul Metropolitan Government (Seoul).

Accordingly, the defendant purchased approximately 0.05g 0.05g philophones from a person who is not his name.

2. On October 21, 2018, the Defendant administered philophones by having the said male in a single-use injection machine containing approximately 0.05g of the said philophones, dilution, and allowing the Defendant to injecting the Defendant’s arms with his arms.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written replys to written arguments;

1. Decision of the Seoul Central District Court 2018 High Court 4163 High Court Decision;

1. In cases of an investigation report (related to the calculation of a surcharge), the Supreme Prosecutors' Office, and narcotics and their publication; and September 2018; and

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60(1)2, 4(1)1, 2 subparag. 3(b) (the point of scopon medication) concerning criminal facts, Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the point of scopon medication) of the Act on the Control of Narcotics, etc., Articles 60(1)2 and 4(1)1, and 2 subparag. 3(b) (the point of scopon purchase) of the Act on the Management of Narcotics, etc.,

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 reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. have shown an attitude to recognize and reflect all the crimes of this case. However, in light of the harm that narcotics have on society, the risk of recidivism, and the necessity of eradicating the narcotics crime, etc., a strict punishment against the narcotics offender is imposed.

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