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(영문) 서울남부지방법원 2016.12.21 2016고단5237
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a visiting employment visa who is a Chinese citizen staying in Korea and is not a handler of narcotics.

1. On September 1, 2016, the Defendant: (a) remitted KRW 300,000 to D, which was known through the mobile Messen, “C” on the first-come-served date, around 18:00; and (b) purchased Handphones in a manner that brings about 0.8g of psychotropic drugs under the Fropers in Guro-gu Seoul Metropolitan Government Mescopon (hereinafter “Mesopon”).

2. Medication of phiphones.

A. At around 19:00 on the same day as paragraph (1) of this Article, the Defendant: (a) sticked 2 plastic promptly at the 500 glass lids at the Defendant’s residence in Guro-gu Seoul Metropolitan Government GGra 302; (b) sticking one of them at the right end, sticking 0.4g of a rophone into the glass inhalers; (c) heated the rophone into the saero 500 glass bottles; and (d) saved the smoke as soon as possible; and (e) saved the phiphone in a manner of “froscis”, which is a method of promptly inhaleing the smoke due to the disease.

B. On October 2016, the Defendant administered 0.4g opphones at the places indicated in the foregoing paragraph (a) in the same manner as Paragraph (a), at around 18:00, on the last day of October 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D (third time);

1. Records of seizure and the list of seizure;

1. Investigation report (related to the details of arrest of a suspect and narcotics goods);

1. Ratification;

1. Application of Acts and subordinate statutes of a narcotics appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning 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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is 1.

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