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(영문) 서울중앙지방법원 2016.07.14 2016고단2529

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 through 6, 10, 11 shall be confiscated.

from the defendant 1,550.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant handled Metepha (copon, hereinafter “copon”) which is a local mental medicine as follows.

1. Sale of philophones;

A. On January 2016, 2016, the Defendant: (a) sold philophonephones to D around D’s house located in Seocheon-gu, Seocheon-si, Seocheon-si; and (b) sold KRW 0.3g of 60,000 as the price for the philophones to D around D’s house located in Seocheon-gu, Seocheon-si; and (c) sold it.

B. On February 7, 2016, the Defendant: (a) around February 7, 2016, sold philophones to D before the said D’s house; (b) around 0.5g philophones, and (c) paid KRW 7.50,000 to D with the price.

2. Medication of phiphones.

A. On February 2016, 2016, the Defendant administered a philophoneon in a way that he saws approximately 0.3g of philophone at the home of the Defendant, Yangcheon-gu Seoul E-Ba 401, on the rophone 401 on the rophone spon on the rophone spon, and spon spon spon spon spon spon spon spon spon spon spon.

B. Around April 18, 2016 or around 19, the Defendant administered 0.3 gopon at the home of the above Defendant around April 18, 2016 or around 19, in the said manner.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. A written protocol concerning the examination of suspect against each of the accused by the prosecution (including D parts of the statement);

1. Copy of each protocol concerning the examination of suspects of D by the prosecution;

1. Seizure records;

1. A letter of time to conduct an inspection of small riverines;

1. Investigation report (the process of collecting liquid in presumed substances for smoking narcotics, etc.);

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

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 48 (1) 1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act;

1. Matters concerning the management of narcotics in addition to collection;