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(영문) 서울동부지방법원 2018.04.25 2018고단354
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

30,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

A person other than a narcotics handler shall not possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, give or receive, trade, arrange for trade of, or provide narcotics or psychotropic drugs, and the defendant is not a narcotics handler.

1. Around May 23, 2017, the Defendant for the purchase of Mept ambacs on the following occasions: (a) around May 23, 2017: (b) around May 23, 2017, the Defendant is able to have a strong security level at the first floor of the 106 amba building in Songpa-gu Seoul Olympic Games, and to avoid tracking at the domestic investigative agency.

Through C, a foreign SNS service provider known to the seller, he/she decided to purchase the cambacule (hereinafter referred to as the "copon"), and transferred KRW 300,000 to the account notified by the seller, and then, around May 24, 2017, the seller concealed the copon from the above seller on the second floor toilets of the building in Seocho-gu, Seoul. In response to the contact that he/she would find the copon from the above seller on the second floor toilets of the building in Seocho-gu, and found the copon on the 2nd floor toilets of the building as above.

As a result, the Defendant purchased the Metea, which is a local mental medicine, by purchasing the Metea, not a narcotics handler.

2. Around June 2, 2017, the Defendant administered Mept Amina in the can, around 22:00 on June 2, 2017, d, Songpa-gu Seoul, and 201 at the Defendant’s residence, d, with approximately 0.2g of the Mepta C, purchased, as described in paragraph (1), d, in the cans and coffee.

As a result, the Defendant, who is not a narcotics handler, administered the Mepta, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A letter of appraisal of narcotics;

1. Photographss by cutting down CCTV images at a locked location in a new bank;

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

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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