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(영문) 광주지방법원 2018.07.19 2018고단2245
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

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

1. Sale and purchase of phiphones;

A. On February 4, 2018, the Defendant purchased and sold phiphonephones with KRW 100,000 and approximately 0.2g philopon from the road side near the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government.

B. On February 18, 2018, the Defendant: (a) provided D with KRW 100,000,000 and 0.2g Handphones; and (b) traded phiphones.

(c)

On March 11, 2018, the Defendant traded philophones with approximately KRW 200,000 and approximately KRW 0.3g philophones at the above place.

2. Medication of phiphones.

A. On February 4, 2018, the Defendant: (a) opened the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government on the scopon’s scopon’s bar; (b) laid down the bottom of the scopon on the scopon on the scopon; and (c) administered scopon in a way of spreading it by using a medication instrument made by sticking the scopon with the sc

B. On February 18, 2018, the Defendant administered philophones in the same manner as above at the same place as the above paragraph (a).

(c)

On March 11, 2018, the Defendant administered philophones in the same manner as above at the same place as the above paragraph (A).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by each prosecution;

1. Details of mobile phone messages and the contents of the message;

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (report on the market price of phiphonephones);

1. Relevant legal provisions of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, 2 subparagraph 3 (b) (the point of trade of phiphones) of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of trade of phiphones) of the Act on the Management of Narcotics, etc., and the choice of imprisonment for each sentence;

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 of the Criminal Act:

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