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(영문) 서울중앙지방법원 2021.03.04 2020고단6060
마약류관리에관한법률위반(향정)
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 three 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 the Mebacule (one philopon; hereinafter “philopon”) which is a local mental medicine.

1. On March 2020, the Defendant received Handphones was changed to the facts charged on the first trial date of C without compensation from C in front of C’s residence located in Gwanak-gu Seoul Special Metropolitan City around the middle day of March 2020.

2. Medication of phiphones.

A. On the same day as paragraph 1, the Defendant injected phiphones by dilution them into water in guest rooms in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City D's office with 0.05 grophones.

B. Around 21:00 on April 10, 2020, the Defendant injected phiphones by dilution them with water in a sponphone 0.05g from the guest room in Gwanak-gu, Seoul Special Metropolitan City D D D D’ E.

(c)

At around 05:00 on April 17, 2020, the Defendant injected phiphones by dilution them with water in a philophone 0.05g in the guest room of the Gwanak-gu Seoul Special Metropolitan City D D D D D D D D D, and inserting them into the arms.

3. At around 17:55 on April 18, 2020, the Defendant, holding phiphones, filed a lawsuit in a manner that stores 0.18g of phiphones in the guest room in Gwanak-gu, Seoul Special Metropolitan City D Hotel E, in the philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Response to a request for appraisal;

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

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, and selection of a person who is sentenced to imprisonment;

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. Protective observation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had been punished due to the administration of scopon.

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