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(영문) 서울중앙지방법원 2018.12.13 2018고단6670
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Megatop cam (one philopon; hereinafter “philopon”) which is a local mental medicine as follows:

1. On June 6, 2018, the Defendant: (a) laid down a philophone’s fire in a low-slided vehicle that was parked in a mutually non-public parking lot located in Sungnam-do, Gyeonggi-do; (b) passed through water in a aquatic disease; and (c) administered philophones in a manner of spreading with C and inhaleing them together with C.

Accordingly, the Defendant conspired with C to administer philophones.

2. On September 30, 2018, at around 00:12, the Defendant, at the office of the Narcotics Investigation Department of the Seoul National Police Agency located in the Jongno-gu Seoul National Police Agency located in 31-lane 8-h, the Defendant kept the philophone non-phones (including paper weight 1.1g) enclosed on paper in the wall where the Defendant was in his/her possession.

Accordingly, the defendant possessed a philophoneless volume.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A criminal investigation report (as a result of the appraisal by the National Institute of Scientific Investigation of a Suspect C reproduction), a criminal investigation report (as a result of the appraisal by the National Institute of Scientific Investigation of the Evidence 1 that has been seized by a suspect A), and a criminal investigation report (as a result of the calculation of a surcharge

1. Application of each protocol of seizure and each list of seizure to statutes;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 (1) 2, Article 60 (1) 2, Article 4 (1) 3 of the Act on the Selection of Narcotics, Etc., Article 30 of the Criminal Act on the Management of Narcotics, etc., Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and each decision of imprisonment is made;

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 community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

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