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(영문) 서울중앙지방법원 2014.03.13 2013고단8318
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., a single philopon; hereinafter “philopon”), as follows:

1. On November 17, 2013, at around 20:00, the Defendant: (a) parked in the vicinity of the fforest railroad station located in Yeongdeungpo-gu Seoul Metropolitan Government Daedong; (b) opened a car with approximately 0.06g philopon on paper to C; and (c) sold 200,000 won of philopon by receiving from C.

2. On December 4, 2013, at least 17:00, the Defendant purchased approximately 0.49g of oponon from one bank and from another, in front of the Han Bank located in Ansan-si, an unscopon, to 600,000 won. On the same day, at around 17:30 on the same day, the Defendant stopped on the side of the road located in Seoul to the side of the road, and administered the oponon by driving the oponon by putting about 0.03g of opon on hand, and melting the opon on one cigarette with a fire attached to the tobacco.

3. On December 4, 2013, the Defendant: (a) around 19:25, on the third floor of the Jongno-gu Seoul Metropolitan Government D D Building, the Defendant: (b) put about approximately 0.46g of the penphones remaining after being administered as in the preceding paragraph, into the singular, and possessed a phiphone by inserting them into the singular.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Records of seizure and the list of seizure;

1. Photographs of the result of examination of reagents;

1. Written requests from the National Institute of Scientific Investigation for appraisal;

1. Requests for an expert opinion concealed;

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. concerning the facts constituting an offense (or, respectively, choice of imprisonment) of the relevant Act;

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

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

1. The Defendant alleged that the Defendant did not sell philophones to C, but the Defendant alleged that he did not sell philophones.

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