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(영문) 서울서부지방법원 2018.10.30 2018고단2918

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six 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

Defendant is not a narcotics handler.

A person, other than a narcotics handler, shall not handle chrophographs (one philopopon; hereinafter referred to as "philopon"), which are local mental drugs.

On June 10, 2018, at around 16:30, the Defendant: (a) puts a cigarette in the part of a tool similar to a tool that smokes water tobacco together with a foreigner’s “B” of Australia’s nationality, and administered a philopon in the way that the smoke that occurred with the melting machine enter the cambrogate, which is a local mental medicine; and (b) puts the cam in the melting machine with the melting machine, and then, the Defendant administered the philopon in the way that the smoke occurred with the melting machine.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Investigation report (or counter investigation of a suspect A), investigation report (the results of the prosecution and maternity appraisal of the National Institute of Scientific Investigation), and investigation report (related to the collection charge against a suspect A);

1. Written replys to a request for appraisal (insane-insane) and responses to a request for appraisal (insane-insane);

1. The application of Acts and subordinate statutes governing the smelting of the inhaled tool used at the time of inhaleing the scopon and the immigration status of each individual;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes (or Selection of Imprisonment with prison labor);

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The number of self-denunciation in the mitigation area (from June to one year and six months) (special mitigation area) of the mitigated area (from June to one year and six months) of the mitigated area, including the scope of the recommended punishment [the scope of the recommended punishment], medication, simple possession, etc. on the sentencing guidelines;

2. The Defendant committed the instant crime under the circumstances unfavorable to the Defendant, even though the Defendant was sentenced to suspension of indictment by taking over and administering phiphonephones prior to the instant case, and the Defendant immediately committed the instant crime to the investigative agency when he returned to the Republic of Korea.