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(영문) 서울북부지방법원 2017.09.27 2017고단3250
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than a narcotics handler, shall receive or administer a Mept ctopopule (one philophone, hereinafter referred to as “philophone”), which is a local mental medicine, and no person shall smoke marijuana, and the defendant is not a narcotics handler.

1. Violation of the Narcotics Control Act;

A. On May 24, 2017, the Defendant received approximately 0.1g of philopon from D in front of the south-gu Incheon Metropolitan City 104 Dong, and received philopon from D, from May 24, 2017.

B. At around 14:00 on July 30, 2017, the Defendant administered philophones, inserting approximately 0.1g of philophones into the first floor toilet of the F Hospital located in Gangseo-gu Seoul Metropolitan Government E, 0.1g in a single-use injection instrument, dilution with water, and injection of philophones into the Defendant’s arms transfusion.

2. Around 12:00 on July 30, 2017, the Defendant, in violation of the Narcotics Control Act (marijuana), stored in the inner part of the tobacco openings removed 0.05g from the tobacco openings, which had previously been delivered to the H station toilets located in Gangseo-gu Seoul Metropolitan Government, from a person whose identity is unknown prior to that time, and smokes in a manner that inhales the smoke.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Ratification;

1. A copy of a response to a request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (a monthly trend of narcotics);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., and Article 61 (1) 4 and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc., for criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. As to the assertion of mental disorder by the defendant and his defense counsel under the proviso of Article 67 of the Act on the Management of Narcotics, Etc., the defendant and defense counsel of this case.

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