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(영문) 서울동부지방법원 2018.07.26 2018고단1480
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

A person other than a narcotics handler shall not possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, give or receive, trade, arrange for trade of, or provide narcotics or psychotropic drugs, and the defendant is not a narcotics handler.

1. On October 23, 2017, the Defendant: (a) contacted with a person who was a seller of Mepta (hereinafter referred to as “Mepphone”); (b) remitted 700,000 won to an account designated by the said person who was named by the said person; (c) on the same day, in the vicinity of the C Station located in Gangnam-gu Seoul; (d) in accordance with the guidance of the said person who was unable to perform his/her name, the Defendant found 1g of Mepile, which was put in a transparent vinyl on the bottom of the market at which the said person was unable to perform his/her name.

As a result, the Defendant purchased Mept amba who is not a narcotics handler and is not a local mental medicine handler, and purchased Mept amba in total two times, such as the first Meba Table 1.

2. Around October 23, 2017, the Defendant administered the Mept Amina medication in a 'E' office located at the 11th floor of the building of Gangnam-gu Seoul Metropolitan Government D, and administered the Mepta medication by dilutioning 1g of the Mepta 1g, purchased at the 11st floor of the Mepta table of the crime.

As a result, the Defendant, not the handler of narcotics, administered cryptop medication, which is a local mental medicine, and administered cryptop medication over a total of two times, such as the 2nd time table of the crime sight.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written appraisal of the prosecution and the hair;

1. Copy of the F Statement, and details of account transactions in the name of G;

1. Application of Acts and subordinate statutes to a report on investigation (report on the market price for calculating an additional collection charge);

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. under the relevant Act on criminal facts;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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