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(영문) 수원지방법원 2021.02.05 2021고단18
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment 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

1. Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant treated the Mepter (one philopon; hereinafter “philopon”) as follows, which is a local mental medicine.

A. On August 28, 2020, the Defendant ordered the sale of philophones (tel gram gram B), and transferred KRW 1,500,000 to the bank account (D) in the name of C used by the said sale books, and purchased the philophones by taking approximately 1.5 g of philophones, hidden on the non-permanent floor of the Frocomer in Seocho-gu Seoul, Seoul.

B. On December 12, 2020, the Defendant administered a philophone in the Defendant’s H car parked in Seocho-gu Seoul Metropolitan Government G, raising the volume of philophones on the day of Aluminium head, and inhales the philophones as soon as possible, by heating the philophones into a philogram.

2. At around 17:00 on December 17, 2020, the Defendant issued an official document in front of Seocho-gu Seoul, Seocho-gu, Seoul National Police Agency’s narcotics investigative unit to present an identification card to identify himself/herself, and the Defendant presented the official document to J under the name of the Seoul National Police Agency Commissioner General of the Seoul National Police Agency, which is an official document in advance, as if he/she was his/her driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the details of account transactions, each closure photograph and the appraisal report on narcotics to the Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 2 of the Act on the Selection of Narcotics, Etc., Article 230 of the Criminal Act, Article 230 of the Criminal Act, the selection of punishment for a crime;

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. Protective observation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act;

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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