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(영문) 수원지방법원 2018.11.15 2018고단5667

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Meteptop clopty (one philopopon; hereinafter “philopon”), which is a local mental medicine, as follows:

1. On February 14, 2018, the Defendant, around February 14, 2018, sold phiphones to E from the front street located in Yeongdeungpo-gu Seoul Metropolitan Government, around 22:00 to KRW 300,000,00 for phiphones.

2. On February 15, 2018, the Defendant: (a) sold 01:00 to 02:00 on February 15, 2018, 2018 the philophone to F at KRW 0.3g of 200,000,000 on the upper street; (b) sold philophones to F; and (c) traded philophones.

3. On September 9, 2018, the Defendant: (a) received 200,000 won from G to the Agricultural Cooperative Account (Account Number: I) in the name of H around S on September 9, 2018; (b) sold phiphonephones in the mail No. 101g of Seocheon-gu Seocheon-gu J building No. 101 in the same day on the same day; and (c) sold phiphones by means of having the said G find it.

4. Provision, medication, and possession of compactphones on September 15, 2018;

A. On September 15, 2018, at around 08:20, the Defendant provided G with approximately 0.3g of philopon, free of charge, to G from L No. 702 located in Seocheon-gu, Seocheon-gu, Seocheon-si.

B. On September 15, 2018, around 08:30 of the above L L, the Defendant opened approximately 0.2g of philopon on a gambling place along with G, and opened a heating rophone on a gambling place, thereby spreading and inhaleing it.

Accordingly, the Defendant conspired with G to administer philophones.

(c)

On September 15, 2018, the Defendant, around 12:00, kept approximately 1.01g vinyl bags and paper bags, and kept them on the wallets and paper bags.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Each police statement protocol against E and M;

1. A protocol of seizure and a list of seizure;

1. A response to each request for appraisal and a statement on narcotics appraisal;

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

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;