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(영문) 서울북부지방법원 2017.09.20 2017고단2461

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor 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

A person who is not a narcotics handler shall not sell or administer Mept caculph (one philopon, hereinafter referred to as “philopon”), which is a local mental medicine, and the defendant shall not be a narcotics handler.

1. On January 201, 2017, at the entrance of alleyway near Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant purchased and sold a phiphone by means of raising KRW 400,000,00 of the price in the same place so that D, a seller of philophone, who was aware of through the mobile telephone hosting c, collected approximately 1g of philophones that are concealed below the lower part of the waste, and sold a philophone at the same place.

2. From February 23:00 on February 9, 2017, the Defendant administered philophones by inserting approximately 0.05g philophones into a single-use injection machine at the Defendant’s residence located in Dobong-gu Seoul Metropolitan Government and dilution them with water, and administering philophones by injecting them into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the protocol concerning suspect examination of D (three times) with respect to the police;

1. Investigation report (Attachment to the country against the party against which the action against the victim is brought and the results of appraisal);

1. Investigation report (to attach the country and result of appraisal of suspect hair);

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

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Purchasing or arranging the sale and purchase of the Class 2 (the scope of the recommended punishment), the mitigation area (the scope of marijuana, the b. c. and the c. c.) [the scope of the recommendation] of the mitigated area (the 8 months to one year), the mitigation area (the 8 months to one year), and the 6 months] of the mitigated area (the 8 months to one year) of the mitigated area, and the 3 types (the 3 years to one year and six (the 3. d. d.), the basic area (the 10th d.) of the Act on the Control of Narcotics, Etc.