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(영문) 서울남부지방법원 2015.05.20 2015고단456

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

Punishment of the crime

Defendant is not a narcotics handler.

1. On August 6, 2014, the Defendant: (a) collected water from drinking water at the guest room in the E hotel room in Geumcheon-gu Seoul Metropolitan Government, and then sticked two strings as soon as possible; (b) opened a psychotropic drug personnel (i.e., one philopon; hereinafter “philopon”); and (c) administered a philopon by inserting the smoke emitted by heating the psychotropic drug with a logter.

2. Around August 7, 2014, the Defendant administered philophones in a guest room in the above E hotel room in the same manner as described in paragraph (1).

3. On December 3, 2014, the Defendant received approximately 0.7 gramphonephones from H from “G” 301 located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon around December 3, 2014.

4. At around 02:00 on December 3, 2014, the Defendant administered approximately 0.05 grams in the same manner as described in paragraph (1).

5. On December 3, 2014, at around 23:35, the Defendant kept 0.65g of the philopon, which is contained in the ridge of the Defendant’s operation of the Defendant, parked on the front of Yeongdeungpo-gu Seoul Metropolitan Government I, and carried the philopon by keeping 0.65g of the philopon in the ridge of vinyl.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspect of H by the prosecution;

1. Copy of the police statement concerning K;

1. A copy of the police statement (three times) to K;

1. The protocol of statement ( four times) to K and the result of inquiry into the currency details attached thereto;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes to requests for appraisal, reports on requests for appraisal, replys to requests for appraisal;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Collection of narcotics;