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(영문) 서울동부지방법원 2020.01.30 2019고단4087

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

A person who is not a person handling narcotics shall not possess, administer, deliver, or provide psychotropic drugs campphones (hereinafter referred to as "camphones"), and the defendant shall not be a person handling narcotics.

1. On November 1, 2019, the Defendant received and delivered 0.9g of philophones totaling 0.2g and 0.7g of philophones contained in C’s Dcamcam in Gangdong-gu Seoul Metropolitan Government (Seoul), which is contained in C’s paper, and in one philophone, which is contained in C’s paper.

2. The Defendant, at around 01:00 on the day following the day set forth in paragraph 1, sent a philophone free of charge to F, which was parked in the parking lot front of the Seoul EMW, in the K5-day car that was parked in the said parking lot.

3. The Defendant administered opon medication at the same time and place as paragraph 2, and F, in a manner that puts 0.2g of opon 0.2g of opon, which is sealed in the paper of paragraph 1, into the glass pipe, and inhales the smoke.

The Defendant, in collusion with F, administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Investigation report (the response to an excursion ship as a result of the appraisal on the transparent plastic promptly pursuant to subparagraph 3);

1. Application of Acts and subordinate statutes to a letter of appraisal of narcotics by the National Institute of Scientific Investigation;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, and Article 2 (1) 3 (b) of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., Article 60 (1) 2, Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act on the

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation;