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(영문) 서울중앙지방법원 2017.02.02 2016고단9150
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant handled Metepha (copon, hereinafter “copon”) which is a local mental medicine as follows.

1. On August 9, 2016, the Defendant received and delivered approximately 0.1g of opon from H at G hotel located in the Gwanak-gu Seoul Special Metropolitan City F on August 9, 2016.

2. Medication of phiphones.

A. On August 3, 2016, the Defendant, at around 21:00 to 22:00, administered philophones jointly in a way that philophones spreaded by heating approximately 0.2g philophones from the G hotel at around 0.00 to 02:0.

B. On August 9, 2016, at around 23:00, the Defendant administered philophones in a way that fluencates the volume of philophones among philophones delivered by H as stated in the foregoing paragraph 1.

(c)

At around 07:00 to 08:00 on August 10, 2016, the Defendant jointly administered phiphonephones by means of heating the volume of the phiphones among the phiphones delivered by H as stated in the foregoing paragraph 1.

(d)

On August 10, 2016, at the above G hotel around 11:00, the Defendant administered philophones in a way that fluencates the volume of the philophones, which were delivered by H as set forth in the above paragraph 1.

E. On August 10, 2016, around 15:00 to 16:40, the Defendant administered philophones in a way that fluencing the smokes generated by heating the fluor from the philophones delivered by H, as described in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of I by the prosecution;

1. Copy of each protocol concerning the examination of suspect of the police to H or K;

1. Written appraisal of each drug;

1. The list of each mobile phone;

1. Investigation report (receiving phiphonephones and correcting part of the facts constituting the crime for medication);

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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