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(영문) 부산지방법원 2017.05.30 2017고단2353
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Control of Narcotics, Etc., even though the Defendant is not a narcotics handler, he/she treated narcotics as follows:

A. At around 13:00 on April 20, 2017, the Defendant administered philophones by inserting them into a tropopic volume, which is a local mental medicine purchased through the Internet SNS, at a place where it is not possible to identify the place of not more than D in Gangnam-gu Seoul Metropolitan Government. The Defendant administered philophones by inserting them into a philoopic volume (one philophone; hereinafter “philophone”).

B. On April 20, 2017, the Defendant carried a phiphone in a way that, around 19:50 on April 20, 2017, the Defendant carried a phiphone by keeping two disposable injection equipment containing melting the white and water of a plastic bag containing 0.78gg of philophones from the 603hophones located in Nam-gu Busan Metropolitan City E.

2. No person who violates the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics shall recognize drugs or other goods as narcotics for the purpose of committing a crime related to the transfer, takeover or possession of narcotics, and transfer, acquire or possess them;

Nevertheless, at around 19:50 on April 20, 2017, the Defendant recognized “F” 203 heading room as a penphone for the purpose of medication, and kept approximately 22.89g of non-fluencing white powder flusing influencies contained in the white paper of vinyl purchased through the Internet, recognizing it as a non-fluorial white paper 4.25g and cocons, which were contained in the white paper of vinyl purchased through the Internet.

Accordingly, the defendant recognized the French white powder as a philoopopon and cocar, a narcotics.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Police seizure records;

1. Investigation report (for example, 8, 10, 14);

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. under the corresponding Act on Criminal Crimes, Article 9(2)1 of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, Etc.

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