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(영문) 서울북부지방법원 2018.09.12 2018고단1446
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than eight 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.

1. Violation of the Narcotics Control Act;

A. On April 14, 2017, the first criminal defendant committed the first crime: (a) in a club with the trade name C, which is located in Thailand, around the night on April 14, 2017; and (b) mMA (one name X-si; hereinafter referred to as “X-si”) 1, which is a native mental medicine medicine received from E, which was known through the introduction of friendly D.

In this respect, the Defendant administered an X-si.

B. On April 15, 2017, the second criminal defendant committed the second crime in the foregoing club, and around the night, he / she saw 1 X-si, a local mental medicine received from the above E, together with water.

In this respect, the Defendant administered an X-si.

2. On April 17, 2017, the Defendant violated the Narcotics Control Act (marijuana) in the room of the Defendant in G-condo located in Thailand F, G-condo around the new wall on April 17, 2017, put D into the cans of empty beer with the above D, put D into the cans of beer, and dys the smoke.

Accordingly, the defendant, in collusion with D, smoked marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the prosecution against E;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to Table of Prices of Narcotics Transaction);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 and Article 3 subparagraph 10 (a) of the Narcotics Control Act, Article 61 (1) 4 and Article 3 subparagraph 10 (a) of the same Act, Article 30 of the Criminal Act concerning facts constituting an offense;

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 suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. has no previous convictions against the defendant; the quantity and frequency of the X-si and marijuana handled by the defendant; the age, sex, intelligence and environment of the defendant; motive, means and consequence of the crime;

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