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(영문) 대전지방법원 홍성지원 2019.03.20 2019고단94
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”).

1. On December 26, 2018, the Defendant: (a) opened approximately 0.15 g of philophones on the part of the toilet located in Guro-gu Seoul Metropolitan Government, and administered philophones by means of putting them into the crophones by using the strings that made the crode of the crophones; and (b) opened approximately 0.15 g of philophones at the toilet located in Guro-gu Seoul Metropolitan Government.

2. At around 23:00 on January 21, 2019, the Defendant, at the Defendant’s house located in Yangyang-gu Seoul Ayang-gu B apartment C, sticked two promptly with two plastic growth bottles containing half water, and opened approximately 0.15 g of the penphone on the end of the 1st unit as soon as possible, and opened approximately 0.15 g of the penphone on the other end, and when the extension of the rophone generated by heating the rophone into the roscopic disease, the Defendant administered the rophone by using other roscopics (the roscop method).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A report on internal investigation (specific relation to the person under internal investigation);

1. Investigation report (the result of secondary search and seizure conducted in the suspect's residence), on-site photographs;

1. Written appraisal of narcotics;

1. A report on investigation (related to presumption of the timing for administering narcotics through the results of an appraisal by a State or a State);

1. Application of Acts and subordinate statutes to investigation reports (related to the calculation of additional collection charges);

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the reflection of gender, the absence of a previous record in the Republic of Korea, the support for the family, and the fact that the family has been living near two months in this case);

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The Act on the Management of Narcotics, etc. for Additional Collection;

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