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(영문) 서울중앙지방법원 2018.02.08 2017고단853
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 5, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on December 4, 2015, and the said judgment became final and conclusive on January 15, 2016. On November 3, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court, and the said judgment became final and conclusive on May 9, 2017.

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Metropha (the diaphonephone, hereinafter referred to as the philophone), which is a local mental medicine, as follows:

1. On October 13, 2016, at around 15:20, the Defendant carried 8.74g gramphones by concealing 3.8g gramphones from the office of F 335, F 335, the Defendant’s mother-and-child, and the Defendant, at around 19:00, 8.74g gramphones by concealing 3.86g gramphones in the Defendant’s mother-and-child office located in the Gwanak-gu Seoul Special Metropolitan City, for one-time Dok-to-child 508.

2. From October 4, 2016 to around the 13th day of the same month, the Defendant administered phiphonephones by inserting the Defendant’s residence located in G4 stories in Kimpo-si, or the Defendant’s DNA conference located in Gwanak-gu in Seoul Special Metropolitan City (0.03g) once in a single-time injection machine, dilutioning the phiphones into a single-time injection machine, dilution the phiphones into the blood body, drinking water, drinking water, or heating the smoke, etc.

Summary of Evidence

1. Legal statement of the witness H;

1. Each protocol of seizure;

1. Results of legal and chemical appraisal (explosion and urine);

1. Acquisition of criminal information and reporting on the commencement of an investigation, reporting on an investigation (Attachment of photographs of seized articles), and reporting on an investigation (number 34 of the records as evidence);

1. Previous convictions in the judgment: Inquiry about criminal history, personal confinement status, and each written judgment (a defense counsel shall seize a penphone recorded in the judgment that is not related to the facts stated in the relevant detention warrant during the execution process of a detention warrant for the defendant's detention;

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