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(영문) 서울중앙지방법원 2019.01.09 2018고단7202
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 person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) as follows:

1. On July 2018, the Defendant: (a) administered philophonephones in the residence of the second floor of the Dongjak-gu Seoul Metropolitan Government building B, on July 2018, in a manner of inserting approximately 0.3g of philophones, which C had, and heating them into the glass World Cup; (b) spreading with C and D, and inhaleing them as soon as possible.

Accordingly, the Defendant, in collusion with C or D, administered philophones.

2. On July 10, 2018, the Defendant and E, and C agreed to purchase chophones from G that came to know of “F” online, and E transferred chophones sales proceeds to G, received photographs of a place where chophones are concealed from the said place, and notified C thereof. On July 10, 2018, C notified the Defendant of the place where chophones are concealed, and C carried approximately 0.8g of the chophones concealed by the said G.

Accordingly, in collusion with E and C, the Defendant purchased approximately KRW 0.8g of 10,00 from G for 40,000.

3. The Defendant committed the crime on October 15, 2018, on October 15, 2018, 2018: (i) put 0.3g of philopon into the glass cup, put it into the philopon into the philopon; and (ii) injected philopon as soon as possible.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Terms and conditions of modernization, ct v photographs, lease agreement;

1. Application of Acts and subordinate statutes of each letter of narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (Article 30 of the Criminal Act for the cases of paragraphs (1) and (2) of the Act on the Management of Narcotics, Etc. on the Punishment of Criminal Crimes, the Selection of Imprisonment for Punishment

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. Collection of narcotics;

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