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(영문) 서울중앙지방법원 2017.09.28 2017고단3975
마약류관리에관한법률위반(향정)등
Text

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

Seized evidence No. 3 shall be forfeited from the defendant.

from the defendant.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Jung-gu District Court on May 27, 2016 and was completed on January 20, 2017, and was not a narcotics handler.

[Criminal facts]

1. Violation of the Narcotics Control Act;

A. On May 28, 2017, around 22:22, the Defendant administered a marcule (i.e., single philopon; hereinafter “philopon”) incule incule (i.e., one time, approximately 0.03g) at the heading room of “Ecom” located in Bucheon-si, Bucheon-si, 201.

B. On May 30, 2017, the Defendant: (a) around 17:15, at the guest room of “G hotel” located in Seongdong-gu Seoul, Seongdong-gu Seoul; (b) around 606, the Defendant sent approximately 0.35g phiphones into a single-use injection machine; and (c) filed a lawsuit under the bottom of the bed.

2. The Defendant violated the Act on the Control of Narcotics, Etc. (marijuana) at the same time, place as paragraph 1(b) of this Article, and in a manner that put about approximately 0.55 g of marijuana into vinyl bags for smoking, and put it under the bottom of the bed.

3. The Defendant, in violation of the Act on the Punishment, etc. of Acts, such as the Mediation, etc. of Commercial Sex Acts (sexual traffic) was administered with I, at the same time, at the same place as Paragraph 1(b) and with I, who was aware of through the name “H”, the immediately preceding hosting method, and then I paid KRW 150,000 to I in return for the commercial sex acts and conducted commercial sex acts once.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made to I by the police;

1. Each protocol of seizure and a list of seizure (a list of evidence Nos. 18,19,20,22);

1. A written appraisal of each narcotics (the seized penphones, marijuana, and urines);

1. Previous convictions: Inquiry into criminal history, application of investigation reports (verification of the judgment on narcotics-related cases and the date of release from the court) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Selection and Management of Narcotics, etc., concerning facts constituting an offense, narcotics, etc.

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