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(영문) 서울북부지방법원 2017.07.07 2016고단289

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

On November 5, 2015, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Narcotics Control Act at the Seoul Northern District Court (hereinafter referred to as the “Seoul Northern District Court”), and the appeal against the said judgment was dismissed, and became final and conclusive on July 9, 2016.

No person, other than a narcotics handler, shall possess, receive, administer, or sell Metepha (one philopon; hereinafter referred to as "philopon") which is a local mental medicine.

1. On September 22, 2014, around 23:00, the Defendant received KRW 400,000 from D on the front side of the Seoul Special Metropolitan City Nowon-gu apartment complex, and issued D one disposable injection device containing approximately 0.8g philopon to D.

Accordingly, the defendant sold philophones even though he is not a narcotics handler.

2. On September 26, 2014, the Defendant received KRW 1.50,00 from D at the Moelel where it is difficult to know the trade name E at the Ma Government-si on September 26, 2014, and issued D one disposable injection device containing approximately 0.3g of opon to D.

Accordingly, the defendant sold philophones even though he is not a narcotics handler.

3. On July 17, 2015, the Defendant granted D KRW 10,00,00,000,000, from the front day of the F History at Speaker-si on July 17, 2015 to D, without compensation, KRW 0.14g of philopon.

Accordingly, the defendant received philophones even though he is not a narcotics handler.

Summary of Evidence

1. Entry of the defendant in part in the fourth public trial record;

1. D Legal statements;

1. A protocol concerning the examination of suspects of D by each prosecution;

1. Protocols of seizure by prosecution;

1. Notice of the result of legal and chemical appraisal;

1. Before judgment: The application of the defendant's legal statement, inquiry about criminal history, and investigation report (Attachment of judgment) Acts and subordinate statutes;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;