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(영문) 서울북부지방법원 2018.01.24 2017고단4682
마약류관리에관한법률위반(향정)
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

A person who is not a narcotics handler shall not administer, sell, or possess Meptopa (one philopon, hereinafter referred to as “philopon”), which is a local mental medicine, and the defendant shall not be a narcotics handler.

1. The Defendant, in collusion with C on May 25, 2017, administered phiphones in a manner of spreading and inhaleing the smoke generated by heating 0.3g of phiphones at the residence of C located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, using a medication system made of the glass branch as soon as possible, glass pipe, etc., at around 01:00.

2. On May 25, 2017, the Defendant purchased approximately 0.39g of opphones and traded opphones from C to pay KRW 100,000 to C at the residence of the above C, and purchased approximately 0.39g of opphones.

3. On May 25, 2017, the Defendant possessed a phiphone in front of the “F” Ma located in Seongdong-gu Seoul, Seongdong-gu, Seoul, by concealing and keeping a vinyl package containing approximately 0.39g g of philophone in the inner clothes, to administer with women who wished to do so through mobile Ma.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of police seizure and list of seizure;

1. Investigative report (in case of seized articles prescribed in evidence 1, appending the country and the results of appraisal);

1. Investigation report (Attachment to the country against the party against which the action against the victim is brought and the results of appraisal);

1. A criminal investigation report (Attachment toC decisions, etc.);

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. for the Prevention of Criminal Crimes, Article 30 of the Criminal Act, Article 60 (1) 2, and Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. for the Prevention of Illegal Crimes;

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. An order to observe the protection under Article 62-2 of the Criminal Act;

1. The defendant for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc.

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