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(영문) 서울북부지방법원 2018.08.29 2017고단2112
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

No person, other than a handler of narcotics of 2017 Highest 2112, shall administer Metropopa (one philophone, hereinafter referred to as “philophone”), which is a local mental medicine, and the defendant, B, and C are not the handler of narcotics.

On October 1, 2016, the Defendant and B, and C, around 23:00, inhaled and inhaled the smokes generated by heating approximately 0.2g g of philophones through the inhaled instruments made up of gambling places and glass pipes in the off-to-Yacheon-gu D Apartment E-gu, Yacheon-gu.

Accordingly, the Defendant, in collusion with B and C, administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect B of the police; and

1. Investigation report (the result of an appraisal by a suspect on the prosecution or maternity);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to Table of Prices of Narcotics Transaction);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

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

1. An order to observe the protection and observation under Article 62-2 of the Criminal Act;

1. The punishment shall be determined as ordered in consideration of the quantity and frequency of chophonephones handled by the defendant, the age, sexual conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc.

The acquittal portion

1. The facts charged (hereinafter “2017 Highest 2692”) No person, other than the narcotics handler, shall administer, deliver, or receive the Mept cacule (hereinafter “philopon”) which is a local mental medicine, and the Defendant is not a narcotics handler.

A. On November 2016, the Defendant, F, and B of the philophone medication: (a) around the following day: (a) the Defendant and F, and F, of the Gtel H H of the Nam-gu Incheon Metropolitan City Office Gtel 2016: (b) the smoke arising from the heating of the philophones through a inhaled tool made by using the pet branch and the gambling site, etc. in the place of residence.

In this respect.

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