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(영문) 서울중앙지방법원 2013.03.21 2012고단6198 (1)

마약류관리에관한법률위반(향정)

Text

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

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

The defendant is a person who has no certain occupation, and the defendant is a person who goes in the relationship with C.

Although the Defendant did not have the qualifications to handle narcotics, he handled the psychotropic drugs, as follows: (a) Mempics (name prior to June 8, 201, “Mempics”, “Memopon”, “Memopon”, “Memopon”, without being qualified to handle narcotics:

1. On April 2012, the Defendant: (a) around 20:00, at the Defendant’s dwelling space located in Gangnam-gu Seoul Metropolitan Government D apartment 703; (b) around 0.05g of philophonephones (0.2g) which C received from E without compensation; (c) sent it to the Defendant in a beer; and (d) the Defendant administered it in a way of drinking.

Accordingly, the Defendant conspired with C to administer philophones.

2. At around 21:00 on June 16, 2012, the Defendant: (a) administered approximately 0.05g of oponphones remaining after medication at the aforementioned place as above; (b) c snicks acopon; and (c) c snicks acopon to the Defendant; and (d) the Defendant c dnicked them by a snicking method

Accordingly, the Defendant conspired with C to administer philophones.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the C substitute part of the examination);

1. The application of Acts and subordinate statutes concerning requests for appraisal, reports on requests for appraisal and additional reports on appraisal;

1. Articles 60(1)3 and 4(1) and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 8, 2012); Article 30 of the Criminal Act concerning criminal facts

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 under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition on the grounds above the proviso of Article 67 of the Act on the Control of Narcotics;