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(영문) 서울서부지방법원 2018.06.27 2018고단1764
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. The Defendant: (a) conspired with B to purchase a penphone, and (b) transferred KRW 200,000 to B’s account by 60,000 square meters, while 40,000 won, to C account of the philophone seller; (b) the Defendant and B moved to the near convenience store located in Guro-gu Seoul Metropolitan Government, at around 22:00 to 23:00,000, and around 23:00, from December 2, 2015, to the near convenience store, and the Defendant was 0.6g of phiphonephone from C at that place.

As a result, the Defendant conspired with B to purchase philophones.

2. On June 2016, the Defendant administered a philophone medication in a way that inhales narcotics (i.e., the “T. Sheet”, and the steam generated at that time, using the clockor (i.e., the clockor, the clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clockor’s clock).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Copy of the police interrogation protocol regarding E;

1. Copy of the police statement made B by the police;

1. E and Defendant currency details;

1. B Detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes to a investigative report (calculated a surcharge and monthly trend of narcotics);

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. under the relevant Act on criminal facts;

1. Selection of imprisonment with prison labor chosen;

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 suspension of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (Calculation of the amount of additional collection: 300,000 won); and

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