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(영문) 서울남부지방법원 2018.09.19 2017고단4978
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

309,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 15, 2012, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act at the Jung-gu District Court on February 15, 2012, and completed the execution of the said sentence on November 7, 2012.

【Criminal facts against the Defendant, who is not a person handling narcotics, is not a person handling narcotics, etc., and shall not handle Memphographs (one philopon; hereinafter “philopon”) or marijuana, which is a local mental medicine, and no person shall smoke marijuana.

1. On August 2015, the Defendant smoked marijuana in a way of smoking by inserting in a fluorous hemp in a stuffed paper made in the shape of tobacco pipe, at the residence of the Defendant of Gangnam-gu Seoul and 1st floor at night.

2. On June 8, 2017, the Defendant purchased chophonephones by delivering 300,000 won to the names of the winners and receiving a paper-shaped chophone in a way that he/she received a paper-shaped chophones.

3. The Defendant received marijuana 0.2g from a person in an incurable name on the date, at the place, and at the time, at the place, as described in paragraph 2, in a manner of receiving approximately 0.2g of hemp free of charge.

4. On June 8, 2017, the Defendant: (a) placed approximately 0.1g of philophones purchased at the 1st floor toilet of Gangnam-gu C hotel; (b) melted them with water, melted them into the body; and (c) laid down the philophones on the floor of the body; and (d) administered philophones in a way of drinking together with water.

5. On June 9, 2017, the Defendant smoked marijuana by inserting approximately 0.1g of the hemp drugs received, as described in paragraph (3), in a stuffed box made in the shape of tobacco pipe at the hotel following the new wall C, and by inserting about 0.1g of the hemp drugs received, as described in paragraph (3), and inserting a fire, and inserting the remaining 0.1g of the hemp in the string box at the string box, and inserting the hemp in the way of smoking.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. A report on investigation (calculated additional collection charges);

1. A report on the state and a water appraisal;

1. Previous convictions: (A) such as inquiries about criminal history;

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