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(영문) 대전지방법원 서산지원 2021.02.18 2020고단1375
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

No person other than a narcotics handler shall sell, receive, administer, or possess a psychotropic mental medicine.

Nevertheless, even if the Defendant is not a narcotics handler, the Defendant sold and administered the Megatop clogram (the clopphone; hereinafter referred to as the “Megaphone”) which is a local mental medicine as follows.

1. On May 22, 2020, the Defendant: (a) purchased philophones from the Cable Cargo Center located in Daejeon on May 22, 2020; (b) transferred KRW 300,000 to the E bank account of the said D; and (c) purchased philophones by obtaining delivery of philophones by using the philophones of express buses.

2. On the same day as above 1, the Defendant administered philophone medication by inserting philophones purchased as above in the 2nd floor room of 23:30 p.m. on the same day, by dilution them with water.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a list of inquiries about customer information and a report on the investigation of the details of receipt transaction thereof (report on the calculation of a surcharge) by requesting appraisal of the record of the police interrogation of D's suspect, Kakao Stockholm and the content of text messages and a reply

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is serious, the defendant has the same record as that of the crime, the contents and circumstances of the crime in this case, the circumstances after the crime, and the environment of the defendant, and the punishment shall be determined as ordered by the order.

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