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(영문) 대전지방법원 천안지원 2018.08.24 2018고단176
마약류관리에관한법률위반(향정)
Text

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

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

Defendant is not a narcotics handler.

No person other than a narcotics handler shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, deliver, receive, trade, arrange for trade of, or provide narcotics or psychotropic drugs.

1. On November 201, 2017, the Defendant: (a) contacted with a person under whose name an advertisement was made to sell a cambacule (one philopon; hereinafter “philopon”); (b) remitted KRW 400,000 to an account managed by the said person under his/her name by him/her; and (c) traded a cambopon using a method of searching 0.5g of a philopon, which is hidden by the said person under his/her name in the gap of the studs near the C Station located in Yongsan-gu Seoul Metropolitan City, Yongsan-gu, by means of searching for the 0.5g of a philopon.

2. On November 201, 2017, around 23:00, the Defendant administered phiphones by mixing 0.1g of phiphones with drinking water at the seat of the train in Yongsan-gu Seoul, Yongsan-gu, Seoul, at the seat of the train in the E Station located in Yongsan-gu, Yongsan-gu, Seoul around November 2017, the Defendant administered phiphones.

On November 2017, the Defendant administered philophones on five occasions in total by the following methods, such as in the list of offenses attached to the Defendant, in addition to this, on November 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A seizure list;

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

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes (the purchase and medication of phiphones, the selection of imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a)Offences 1, 2, and 3 (each penphone.);

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