beta
(영문) 서울남부지방법원 2018.11.21 2018고단4663

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

Defendant is not a narcotics handler.

1. On July 21, 2018, around 17:57, the Defendant, holding merpters, stored one plastic bag containing approximately 0.14 g of plastic bags, a local mental medicine, in the toilet of the first floor of Geumcheon-gu Seoul Metropolitan Government building, and approximately 0.18 g of plastic bags, and one plastic bag containing approximately 0.14 g of a local mental medicine (hereinafter “propon”), and possessed a opon 0.18 g of a penphone, by inserting it in a verification color room owned by the Defendant.

2. Medication of phiphones.

A. On April 2018, 2018, the Defendant administered the following drugs by inserting approximately 0.03g of phiphone-phone into a c-house c apartment parking lot, Sungnam-gu, Sungnam-gu, Sungnam-gu, in his hand, and taking them into the c-ro with water.

B. On July 5, 2018, the Defendant administered approximately 0.03g g of phiphones in the Defendant’s dwelling at around 901 Dong 1301, and in the same manner as the written in the above paragraph (a).

(c)

On July 19, 2018, the Defendant administered approximately 0.03 g of phiphones in the same place as described in the foregoing paragraph A at the same time as described in the foregoing paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (calculated additional collection charges);

1. Protocols of seizure and list of seizure (No. 4 and 5 No. 5);

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

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 (1) of the Criminal Act, the main sentence of Article 62-2 (2), and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Courses;

1. According to the list of the total sum of confiscated articles and the list of the appraisal report on narcotics (confluence), it appears that the seized articles 2 and 36 are likely to be entirely discarded, but the plastic bags containing phiphones are likely to have been returned, and the prosecutor also sought the confiscation of the above seized articles.