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(영문) 대전지방법원 서산지원 2020.01.30 2019고단1051
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 psychotropic drugs-related Mesofts (hereinafter referred to as “Handphones”) as follows:

1. On February 28, 2019, the Defendant: (a) around 22:30 on February 28, 2019, decided to sell the name tag and the penphone, which he/she became aware of through the “C” and “D,” a 700,000 won; (b) on the same day, at around 23:00 on the same day, he/she purchased the bitphone from the well-known box near the Jongno-gu Seoul Metropolitan E building by purchasing the bitphone, which was hidden by the above winners of the name.

2. On March 27, 2019, around 05:00 on March 27, 2019, the Defendant administered philophones in a way that sets the volume of philophones purchased from a person who is not his/her name in Jongno-gu Seoul, Jongno-gu, Seoul, and in subparagraph G, the Defendant administered the philophones in a way that makes the smokes caused by heating the philophones into a string, and in a way that they drinks it into coffee and coffees.

3. On March 29, 2019, the Defendant: (a) around 14:10 on March 29, 2019, carried approximately 0.26g of philophones purchased from a person with no personal name, in front of the Hayang-si Htel in Anyang-si, Annyang-si; and (b) carried approximately 0.26g of philophones by dividing them into two plastic packss.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (a list of seized articles);

1. Each protocol of seizure and each list of seizure;

1. Investigation report (short-term medical examination), report on the prosecution, test report on the prosecution, and photograph of a simple reagents examination;

1. A report on investigation (contributing details of a suspect), and photographs of suspect-raising details;

1. Each drilling report, each investigation report, and each narcotics appraisal report;

1. A report on investigation (report on the calculation of an additional collection charge) and a copy of the monthly trend of narcotics;

1. Application of Acts and subordinate statutes governing seized articles;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (referring to the purchase, medication, and possession of psychotropic drugs) of the Act on the Control of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

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

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