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(영문) 서울중앙지방법원 2019.08.14 2019고단3161

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

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated MDMA (the name “EXP”; hereinafter referred to as “EXP”) and the Kenya as follows:

1. On June 8, 2018, the Defendant participated in “D” held in “D” in Songpa-gu Seoul, Songpa-gu, and administered it in a way that the Defendant spawns from Chinese men in name and inhales it into coaches.

2. On June 10, 2018, the Defendant: (a) received from the men on the above name tag C the bruth’s flusium from the said men; and (b) administered the said method.

3. On September 15, 2018, the Defendant participated in “G” held in F located in Michuhol-gu Incheon, Michuhol-gu, Incheon, and administered them by means of using X-si 1/2 by Chinese women with no name, and using water together with water. At that time, the Defendant, at this time, administered the Kenya by using the same method as the above 1.

4. On December 29, 2018, the Defendant administered I clubs located in Gangnam-gu Seoul, Gangnam-gu, Seoul, in a way that EXP was dried with water by using the flabing method with one flab in the name-free Korean male from the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each investigation report ( analysis of a suspect's report on his/her hair, telephone call details and attachment of settlement details to financial institutions at the time of committing an offense, and related to calculation of additional collection charges);

1. Application of Acts and subordinate statutes concerning the appraisal report on narcotics and the monthly trend of large-scale narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Application of the sentencing criteria;

(a) each;