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(영문) 광주지방법원 2018.10.25 2018고단3546
마약류관리에관한법률위반(향정)
Text

A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than one year with respect to paragraph (1) of the judgment of the defendant.

(b).

Reasons

Punishment of the crime

[Criminal Records] On January 19, 2018, the Defendant was sentenced to a suspended sentence of one year and six months, and the judgment became final and conclusive on January 27, 2018, for a violation of the Narcotics Control Act at the Gwangju District Court.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Megatop clop (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On August 1, 2017, the Defendant decided to purchase approximately 0.5g of philopon from a person who sells his/her nameless philopon and KRW 400,000,000,000. On the same day, around 22:13, the Defendant deposited 40,000 won at the C Bank Dong branch located in Gangnam-gu Seoul Metropolitan Government (Seoul), and purchased philopon by a method of holding the philopon’s flopon’s flopon’s flopon, which is concealed by a person with a nameless flopon

2. Around August 19, 2018, the Defendant administered philophones by means of drinking the philophones in the mutual insular coffee shop located in Gangnam-gu Seoul Metropolitan Government (Seoul), in a way of drawing the crophones on the coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the prosecution against D or E;

1. Account transactions;

1. Data on images and photographs;

1. Each response to a request for appraisal;

1. Investigation report (report on the market price of phiphonephones);

1. Previous convictions: Application of Acts and subordinate statutes by means of judgment and inquiry;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

1. Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39 (1) (Article 39 (1) of the Judgment);

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

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

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act - 2 of the judgment / [the reasons for sentencing of Article 334(2) of the Criminal Procedure Act / [the reasons for sentencing of Article 334(2) of the judgment] - Type 3 (the grounds for sentencing of Article 334(2) of the judgment, such as medication, mere possession, etc. of narcotic drugs / [the scope of the recommended sentence] - The area of aggravation [the scope of suspended sentence within three years] of the

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