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(영문) 춘천지방법원 2018.04.19 2018고단85
마약류관리에관한법률위반(향정)
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

The defendant is not a handler of narcotics, and shall not possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, deliver, trade, assist in the trade of, or provide narcotics or psychotropic drugs.

1. On June 16, 2017, the Defendant: (a) received a delivery of approximately 0.05 g of a local mental medicine clopon (i.e., one philopon; hereinafter “philopon”); (b) 0.05 g of a local mental medicine copon (i.e., one philopon; hereinafter “philopon”); and (c) duplicating the said copon into water from the dwelling space of the Defendant located in the same city F around 16:0 on the same day.

As a result, the Defendant received a local mental medicine and administered the medicine.

2. On January 16, 2018, the Defendant: (a) received a delivery of approximately 0.05 g of philopon from E on the street in the vicinity of “D” located in Jin-si, Jin-si, Jin-si, Jin-si on January 16, 2018; and (b) dice by mixing the said philopon with water at the Defendant’s small room located in the Defendant’s residence on January 16, 2018, at around 16:00 the same day.

As a result, the Defendant received a local mental medicine and administered the medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Application of Acts and subordinate statutes to the protocol of seizure, list of seizure, investigation report (related to the receipt of phiphonephones with other E except the instant case), response to each request for appraisal, investigation report (Presumption of the timing of philophone medication in the relevant case), investigation report (specific date of crime following the analysis of monetary details), price of cancer transaction in narcotics, and response to drilling (1 copy of a reply to appraisal);

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 Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Sentencing the proviso of Article 67 of the Narcotics Control Act.

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