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(영문) 수원지방법원 안양지원 2019.10.11 2019고합80

마약류관리에관한법률위반(향정)등

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

The defendant is not a person handling narcotics, and the defendant shall not sell, smoke, or administer marijuana and psychotropic drug MDMA name, X-how.

1. Around 14:00 on March 14, 2019, the Defendant smoked marijuana over a total of 15 occasions, including that: (a) from September 7, 2018 to September 14, 2018, by inserting marijuana of approximately 0.08gg, as indicated in the list of crimes, in a pipe, together with king B apartment, and C, with D, and smoking in a way that smokes by attaching a fire.

2. Purchasing and covering MMAs;

A. A. Around June 2018, the Defendant purchased 80,000 won in cash from F’s work room located in Dongjak-gu Seoul Metropolitan Government E in a capsul containing MMA on a mass quantity, and administered the same as water around H, a club located in Mapo-gu Seoul Metropolitan Government G at around that time.

B. Around August 2018, the Defendant purchased at the workroom of F in Dongjak-gu Seoul Metropolitan Government E in cash 80,000 won for a capsul including MMA in mass, and administered the caps in the vicinity of “J”, a club located in Mapo-gu Seoul Metropolitan Government I at around that time.

Accordingly, the Defendant traded and administered MDMA, which is a psychotropic drug, two times.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol on F, K, L, or D;

1. Each protocol of seizure;

1. Each investigation report (change of the timing for smoking marijuana and calculation of additional collection charges among the suspect's criminal facts);

1. Each request for appraisal;

1. Application of the Acts and subordinate statutes to seized articles and photographs of simple reagents examination;

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment for each sentence), Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. (the point of trading psychotropic drugs and the points of administration, and the choice of imprisonment for each sentence);

1. From among concurrent crimes, punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and punishment, the nature of the crime, and the largest circumstances, shall be around August 2018;