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(영문) 청주지방법원 2020.01.16 2019고단2660
마약류관리에관한법률위반(향정)
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, etc. of the nationality of Thailand.

1. Around November 8, 2018, the Defendant purchased a penphone with the psychotropic drug component (hereinafter referred to as “clopon”) in the Defendant’s residence located in the Gyeongbuk-gun, Sungbuk-gun, with a price of KRW 100,000,000 and a price of KRW 15,000,000.

2. Sale and purchase of phiphones;

A. On January 2019, the Defendant purchased philophones with approximately one million won and approximately one g philopon in the above Defendant’s residence, as seen above, at the above Defendant’s residence.

B. On February 2019, the Defendant: (a) at the same place, at the same time, provided KRW 100,000 to C and D with approximately KRW 1,00,000; and (b) purchased phiphones with approximately 1g of phiphones.

3. Medication of phiphones.

A. On January 2019, the Defendant administered philophones in a way of scalopon using inhalers to inhale smoke generated by heating the salopon’s salopon’s salopon’s salopon’s quantity purchased, as described in paragraph 2(a), in the above Defendant’s residence.

B. On February 2019, the Defendant, at the above Defendant’s residence, administered philophones in a way of scaming the smoke generated by heating the scam from a scam to a glass material, as described in paragraph 2(b).

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of each prosecutor's office concerning C;

1. Records of seizure and the list of seizure;

1. Requests for appraisal;

1. Application of the Acts and subordinate statutes governing medication photographs;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Management of Narcotics, Etc. (the purchase of each penphone and the point of administration) concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics.

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