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(영문) 서울북부지방법원 2017.12.13 2017고단4663

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

No person, other than a narcotics handler, shall administer a Mept ctopop (one philophone, hereinafter referred to as “philophone”), which is a local mental medicine, and the defendant is not a narcotics handler.

1. In collusion with D and E on September 2015, the Defendant: (a) in D’s residence located in D in D, the U.S., U.S., U.S., U.S., on the date of 2015, carried two lids of plastic lids containing water, sticking two lids of plastic lids, and then laying down two lids on the back on the back of a gambling place; and (b) the smokes generated by heating the bottom of the said lids passing through one of the above as soon as possible, and sponsed the water in a plastic box through the other spons, and sponsing it through the other spons.

2. On April 2016, the Defendant, in collusion with D, administered philophones in collusion with D, at D’s residence located above F on a date, using the glass pipe instead of gambling, rupture the smokes generated by heating a large amount of philophones in the same manner as that of the preceding paragraph, and inhales them into the bar.

3. On October 11, 2017, the Defendant administered philophones by taking a smoke generated by heating the fluoral phiphones in the H hotel room located in the above G in the same manner as the preceding two paragraphs.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning interrogation of suspects of E by each prosecutor's office;

1. Statement made to I by the police;

1. Ratification;

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 Control of Narcotics, Etc. for the Prevention of Criminal Crimes, Article 30 of the Criminal Act, Article 60 (1) 2, and Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. for the Prevention of Illegal Crimes;

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. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;