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(영문) 서울서부지방법원 2017.03.21 2017고단101

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

The Defendant is not a person dealing with narcotics, but shall not sell, sell, or administer a crophograph (one philopon; hereinafter “philopon”) which is a local mental medicine.

1. Sale and purchase of phiphones;

A. On September 8, 2016, the Defendant: (a) paid KRW 250,00 in cash to F, a sales agent of philophones, who was contacted through “E” within a white BM car stopped in the vicinity of subway D No. 6 Station in Seocho-gu Seoul Metropolitan Government, and purchased and sold 0.5g of philophones contained in vinyl.

B. On December 12, 2016, around 11:30 on December 12, 2016, the Defendant: (a) paid KRW 400,00 in cash to F, a philophone seller, who was contacted through “I” in subway H No. 1 Station G located in Jung-gu Seoul Metropolitan Government, and purchased and sold philophones by putting approximately 0.5g of philophones contained in plastic bags.

2. Medication of phiphones.

A. On September 8, 2016, around 22:00, the Defendant administered 1-A at the Defendant’s residence located in Mapo-gu Seoul Mapo-gu J and 201, as set forth in paragraph 1-A. A, approximately 0.5g phiphones purchased, together with water.

B. On December 12, 2016, around 15:20, the Defendant administered L 401 to 1-B, which is on the second floor of the K-building in Mapo-gu Seoul Metropolitan Government, with water, approximately 0.5g of philopon purchased as stated in paragraph (b).

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. Statement made by the police against M;

1. Application of Acts and subordinate statutes to investigation reports (investigation results of precise appraisal on the part of the accused) and investigation reports (investigation results of precise appraisal on the suspect's hair);

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Collection of narcotics;