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(영문) 서울중앙지방법원 2019.10.01 2019고단4443
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

Even if the Defendant is not a person handling narcotics, the Defendant handled the psychotropic drugs-related Mepters (one philopon, hereinafter referred to as “philopon”).

1. At around 17:00 on February 17, 2019, the Defendant purchased phiphones by means of sending KRW 4.50,000 to the bank account in the name-free transaction name of the CB bank account designated by the SNS seller (hereinafter referred to as the "E"), which was known through SNS D, at the Cbank branch located in Gangnam-gu Seoul Metropolitan Government. At around 17:30 on the same day, the Defendant purchased phiphones by means of searching approximately 0.5g of phiphones from the phiphone stairs located in the Gangnam-gu Seoul Metropolitan City, Gangnam-gu.

In addition, the Defendant purchased approximately three grams of penphones in total four times from the beginning of December 2018 to March 10, 2019, as shown in the list of crimes (1).

2. At around 15:00 on the first half of December 2018, the Defendant administered philophones by inserting approximately 0.1g of philophones into a glass pipe at the Defendant’s home located in the Gangnam-gu Seoul Metropolitan Building H, and raising the bottom thereof.

In addition, the Defendant administered philophones in a total of 18 times from the early December 2, 2018 to March 28, 2019, as indicated in the attached Table of Crimes (2).

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (verification of CCTV images at a school Dong-dong branch of Cbank on February 17, 2019);

1. Investigation report (Attachment of CCTV images purchased additionally from suspect phiphones);

1. Each narcotics appraisal statement is a narcotics appraisal statement, which is evidence of the fact of medication, since the reinforcement evidence of the crime for the purchase listed in No. 1 attached hereto was administered by the defendant on the day of such purchase.

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Imprisonment with prison labor under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the sake of criminal facts and the selection of punishment;

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