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(영문) 서울남부지방법원 2020.04.10 2019고단5829
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

No person, other than a person handling narcotics, shall sell or administer a psychotropic drug Mesacopic (hereinafter referred to as a "coponon"; hereinafter referred to as "copon"), and the defendant is not a person handling narcotics.

1. On September 2017, the Defendant: (a) attempted to purchase phiphones from the sales shop of phiphones acquired through the Internet; (b) around that time, the Defendant discovered approximately 0.23 g of phiphones in the Seoul Mapo-gu, Seoul, which was a place known by the above winners of the name cards; and (c) purchased phiphones by means of detecting KRW 600,000 in cash at that place.

2. From September 2017 to September 19, 2019, the Defendant administered philophones more than six times in total, as shown in the list of crimes committed in the attached Table, by inserting approximately 0.03g of philophones into a single-use injection machine in Michuhol-gu Incheon, Incheon, and dilution them with water.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each request for appraisal;

1. Photographs photographs of the body of the blood;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the former Narcotics Control Act (Amended by Act No. 15481, Mar. 13, 2018); Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(1)2 of the former Narcotics Control Act (Amended by Act No. 16714, Dec. 3, 2019); Article 60(1)2, and Article 4(1)3(b) of the former Narcotics Control Act (Amended by Act No. 16714, Dec. 3, 2019); Article 2 subparag. 3(b) of the former Act on the Management of Narcotics, Etc. (Amended by Act No. 15481, Mar. 13, 201); Articles 2 subparag. 3 through

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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Article 67 of the Narcotics Control Act;

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