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(영문) 서울서부지방법원 2018.05.16 2018고합38
마약류관리에관한법률위반(마약)등
Text

A defendant shall be punished by imprisonment for one year.

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

Defendant is not a narcotics handler.

On August 1, 2017, the Defendant, at around 22:00, was normally prescribed by the victim C in the street in front of Yongsan-gu Seoul Metropolitan Government, and, at around 22:00, went to a household with 98 ccine 7,000 in a pent-si, a drug, containing ambine 98 ccine. While the Defendant got a bank from the victim and kept the bank for the victim, he/she would immediately return to the victim on his/her idea to exchange it with the hemp by using the ambine embly in a container in the above case.

It refers to all.

The Defendant, on August 2, 2017, indicated the phrase “01:38” in the Public Prosecution Chapter 00:38 on August 2, 2017, is obvious that it is a clerical error, and thus, it was done in such manner as above (see Supreme Court Decision 2001Do970, Mar. 15, 2002). During moving the hemp to a place promised with the seller of the hemp, the Defendant expressed his/her intent to change the body of pent-si container, the hemp plant, or the spice that the said seller keeps, while moving to the place, and the Defendant expressed his/her intent to change the body of pent-si container: (a) around August 20, 2017; (b) around 20: (c) around August 20, 2017, 20: From around 20:0 on August 28, 2008, he/she was in possession of the said drug in a way that the seller of the hemp was able to find.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made to H, I, and C;

1. Protocols of seizure (voluntary submission), list of seizure (number 2, 3) and protocol of seizure and list of seizure (number 5, 6 each time);

1. A photographic photo of the seized pentine;

1. Application of Acts and subordinate statutes including a report of investigation (the transmission of letters by the reporter and the suspect and attaching photographs of the contents of the receipt) and accompanying materials;

1. Article 59(1)9, Article 4(1)1, Article 2 subparag. 2 subparag. 2(d) of the Act on the Selection of Narcotics, Etc. (the possession of money at a rooftop city) on criminal facts and Article 355 of the Criminal Act.

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