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(영문) 서울남부지방법원 2020.07.27 2020고단2181
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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 person handling narcotics, the Defendant dealt with the psychotropic drugs-related Meblopon (one philopon; hereinafter “philopon”) as follows:

1. At around March 21, 2020, the Defendant purchased and sold philophones with approximately five grams of 1 million plasticphones in Vinyl chloride in the vicinity of Geumcheon-gu Seoul Metropolitan Government at KRW 1,00,000 from C, and purchased and sold philophones.

2. Medication of phiphones.

A. At around 21:10 on March 9, 2020, the Defendant administered chophones by inserting approximately 0.1g of chophones into a single-use injection machine and dilution with water, at the Geumcheon-gu Seoul Metropolitan Government residence.

B. At around 05:00 on March 18, 2020, the Defendant administered approximately 0.1g of philophones in the residence indicated in the foregoing paragraph (a) in the same manner as the written in the foregoing paragraph.

3. On March 18, 2020, the Defendant, holding philophones, kept 2.63g of philophones contained in vinyl 2.63g at the place of residence indicated in the above 2. A, and carried philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspect C; and

1. Each police seizure record and each list of seizure;

1. A report on investigation (Attachment of a report on narcotics appraisal);

1. Application of Acts and subordinate statutes of a narcotics appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2 of the Act on the Management of Narcotics, Etc., and Selection of Imprisonment with prison labor for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The main sentence of Article 67 of the Narcotics Control Act;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing criteria (decision of type): 02. Sale, purchase, mediation, etc. (Type 2) marijuana and perfutation;

Items c) and c.

(i) the item;

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