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(영문) 서울북부지방법원 2018.04.18 2018고단964
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled the Metropha (one philophone, hereinafter “philophone”) which is a local mental medicine as follows:

1. On July 7, 2017, around 13:20, the Defendant received philophones, from his own vehicle parked near Yeongdeungpo-gu Seoul Metropolitan Government (Seoul, Yeongdeungpo-gu) and possessed D, at around that time, from his own vehicle, a disposable injection device containing approximately 1g of philophones.

Accordingly, the defendant accepted philophones.

2. On July 7, 2017, the Defendant administered philophones on six occasions in total, as shown in the list of crimes in the attached Table, in a total of six occasions between around March 7, 2018, the Defendant added the volume of approximately 0.3g of philophones, which was in possession of the Fteltel issued by a person in a non-name at around that time, into a single-use injection machine, melting the growth of the philophones rapidly, and taking the philophones into one’s left part.

Accordingly, the Defendant administered philophones.

3. At around 00:05 on March 8, 2018, the Defendant, holding phiphonephones, posted approximately 0.19g of philophones, which were contained in vinyl 1 in the H’s 1st floor underground of Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government (H), in his/her inner wall.

Accordingly, the defendant possessed a philophone.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Protocols of police seizure and list of seizure;

1. Countries and a statement of appraisal of narcotics (precisions, measurements of narcotics, etc.);

1. Written replys to a request for appraisal;

1. A criminal investigation report (the suspect's report on the calculation of additional collection charges);

1. Application of the Acts and subordinate statutes governing price lists of narcotics;

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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 Act on the Management of Narcotics, etc. for Additional Collection;

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