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(영문) 서울중앙지방법원 2018.09.04 2018고단3737
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

White color 6.4g (including vinyl 0.9g (No. 1) on presumption of plasticphones seized.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Meteptopy (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On April 2, 2018, the Defendant purchased 1,400,000 won in cash to E within 7 passenger cars (F) parked on the front of Gangnam-gu Seoul Metropolitan Government D at night, with the price of 1,400,000 won in cash, and from delivery of approximately 5.5g Handphones.

2. Medication of phiphones.

A. On June 2, 2018, at around 22:00, the Defendant: (a) put the volume of phiphones into the smoking system made by linking the plastic container with the glass pipe at the residence of Gangnam-gu Seoul Metropolitan Government G B 202; and (b) administered them in a way of spreading them into and into the nose with the nose.

B. On June 3, 2018, at the same place as the above “A” at around 21:30 on June 3, 2018, the Defendant administered philophones in the same manner as indicated in the same paragraph.

3. On June 5, 2018, the Defendant, holding phiphones, posted approximately 4.6g of phiphones in a transparent vinyl paper in around 15:10, and carried them in a household.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Protocol of seizure and list of seizure (in case of amnesty, 193, 194);

1. A report on investigation (to take photographs at the seizure site and report on the market price);

1. The application of the relevant Acts and subordinate statutes to correspondence (the person against whom such correspondence is made and seized, and replys to requests for appraisal);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and the selection of imprisonment, respectively;

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. have not yet passed from the time when the period of suspension of the execution was terminated after the defendant was sentenced to imprisonment for the same kind of crime.

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