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(영문) 청주지방법원 2020.05.21 2019고단2935

마약류관리에관한법률위반(향정)

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are persons other than the authorized person handling narcotics.

1. From the end of August 2019 to the early September 2019, Defendant A received approximately 0.08 g of clickphones, a psychotropic drug, a psychotropic drug enclosed from E, known from North Korea, in the Cheongju-si parking lot for “Dar” located in Cheongju-si, Seocho-gu, Cheongju-si, and received a clopon, free of charge, at approximately 0.08 g of clopphones (hereinafter “Clopon”).

2. Defendant B

A. On March 2019, the Defendant received approximately 0.2 g of philophones from the above E that he came to know in the course of the escape from North Korea, and received philophones from the Defendant.

B. On April 2019, the Defendant, at the Defendant’s house located in the F apartment G of Seo-gu, Seo-gu, Seowon-si, Cheongju, Cheongju-si, put 0.1g of philopon into the glass pipe, put the philop into the glass pipe, put the philop into the bar, and injected the philop in a manner that inhales it into the cat.

C. At around 01:40 on July 31, 2019, the Defendant administered 0.1g of philophones in a room located in H I located in the Sound Group of Chungcheongbuk-gu, by means of heating philophones, and inhaleing the smoke into nose.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. 112 reported case handling table;

1. Photographs of seized articles;

1. Application of the Acts and subordinate statutes to each narcotics appraisal report, as a result of suspect B’s simple reagents examination;

1. 범죄사실에 대한 해당법조 및 형의 선택 피고인 A: 마약류 관리에 관한 법률 제60조 제1항 제2호, 제4조 제1항 제1호, 제2조 제3호 나목(필로폰 수수의 점), 징역형 선택 피고인 B: 각 마약류 관리에 관한 법률 제60조 제1항 제2호, 제4조 제1항 제1호, 제2조 제3호 나목(필로폰 수수 및 투약의 점), 징역셩 선택

1. Defendant B among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Defendant B on probation: Article 62-2 of the Criminal Act;

1. Defendant B: The main sentence of Article 67 of the Narcotics Control Act;

1. Collection;