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(영문) 서울중앙지방법원 2018.12.20 2018고단4408

마약류관리에관한법률위반(향정)등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is not a narcotics handler.

A. On April 18, 2017, at the guest room of D hotel 1506 located in Gangnam-gu Seoul, Gangnam-gu, the Defendant administered a phiphone in a way that mephones (one philopopon; hereinafter “philopon”) approximately 0.03 g, which is a local mental medicine, with E, with approximately 0.03 glopon in the water.

B. On September 5, 2017, the Defendant administered philophones by inserting approximately 0.03g of philophones into a single-use entertainment machine, melting the Defendant’s arms at the Gelho room located in Gangnam-gu Seoul, Gangnam-gu Seoul. In a way that the Defendant injected philophones into a single-use entertainment machine, and in a way that allows the Defendant to injection into the Defendant’s arms.

(c)

At around 22:00 to 23:00 on October 15, 2017, the Defendant administered phiphones by hanging them in the I hotel room located in Gangnam-gu Seoul Metropolitan Government H, with J, about 0.03g of phiphones in the water.

2. No person who violates the Narcotics Control Act shall carry marijuana for the purpose of smoking;

around 12:57 on October 18, 2017, the Defendant filed a suit by means of storing approximately 0.27g of marijuana in the clock of Gangnam-gu, Seoul, K 201, K 201, in the Sari-gu, Sari-gu, Sari-gu, Sari-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each police suspect interrogation protocol regarding E;

1. Copies of the police statement made to J;

1. A written appraisal of each drug;

1. Seizure records;

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

1. Relevant legal provisions of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2, 4(1)1, 2 subparag. 3(b) (the point of philophone medication) of the Act on the Management of Narcotics, etc., Article 61(1)4(b) and Article 3 subparag. 10 (the point of possession of marijuana for the purpose of smoking) of the Act on the Control of Narcotics, etc., and the choice of imprisonment, respectively;

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 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The Act on the Management of Narcotics, etc. for Additional Collection;