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(영문) 의정부지방법원 고양지원 2015.12.11 2015고단2253
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence Nos. 2 and 3 shall be forfeited from the accused.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On August 20, 2015, the Defendant purchased approximately 1.6 g of psychotropic drugs from a deceased person on the street near the D convenience store in Yongsan-gu Seoul Metropolitan Government through E, in cash, a approximately 7.50,000 g of psychotropic drugs from a deceased person on the street, and delivered approximately 0.6 g of the said philopon to E without compensation, in consideration of good offices.

2. At around 09:00 on August 22, 2015, the Defendant, along with E, injected approximately 0.1g of philopon in the dwelling of the Defendant F or 303, using a philopon in a glass pipe, and opened the blopter glass pipe, and boomed the smoke emitted from the blopter’s pipe, and administered it in a way of spreading.

3. On August 22, 2015, at around 17:30, the Defendant possessed approximately 0.95g of plasticphones (including vinyl) in the form of keeping them in plastic bags under the clish clocks, which were located in the residence of the above Defendant.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each protocol of seizure and the list of seizure;

1. An explanatory note (Attachment of a narcotics explanatory note);

1. Application of Acts and subordinate statutes to Handphone photographs;

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the point of the provision of a philopon), Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act, Article 30 of the Criminal Act, Article 60(1)2, and Article 4(1)3(b) of the Act on the Control of Narcotics, Etc., Article 60(1)2, and Article 4(1)1, and Article 2 subparag. 3(b) (the point of the possession of a philopon) of the Act on the Control of Narcotics, Etc., Article 60(1)2,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. ( lack of evidence to deem that a certificate No. 4 (one cellphone) meets the confiscation requirements);

1. Grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation]:

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