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(영문) 서울중앙지방법원 2020.05.21 2020고단913
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten 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

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone; hereinafter referred to as “philophone”).

1. Purchasing philophones;

A. On June 9, 2019, at around 23:29, the Defendant transferred KRW 1.50,000 to a D account (E) in the name of “C” used by a phiphone seller B, and purchased a phiphone in the form of a paper 0.5-0.6 g of a phiphone in Geumcheon-gu Seoul Metropolitan Government by moving under the lower part of the Fbridge, Geumcheon-gu, Seoul.

B. At around 21:00 on October 3, 2019, the Defendant purchased 200,000 won from H road located in Geumcheon-gu Seoul Metropolitan Government H-gu H, i.e., penphone seller I, and purchased 0.3g of philophones.

2. Medication of phiphones.

A. On June 10, 2019, at around 01:10, the Defendant: (a) opened a penphone purchased as described in paragraph (a) in the K Park parking lot located in Seoul J; (b) opened the penphones on the gambling ground; and (c) opened the smoke emitted from the place on the gambling ground; and (d) administered the phiphones by using a string machine made by sticking it as soon as possible on aquatic disease.

B. At around 22:00 on October 3, 2019, the Defendant inhaled philophones purchased, such as the entry in paragraph 1-b, from L Hotel M at the time of the game, and administered philophones in the same manner as the entry in paragraph 2(a), with N.

Summary of Evidence

1. Defendant's legal statement;

1. Details of financial transactions;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of each letter of narcotics appraisal;

1. Selection of imprisonment, as provided for in Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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, Article 60 (3) of the Juvenile 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. The order of provisional payment;

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