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(영문) 서울남부지방법원 2017.05.31 2017고단958
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

Defendant is not a narcotics handler.

1. Purchasing philophones;

A. On December 2015, at around 23:00, the Defendant purchased 400,000 won in cash to C (one-person D) who is a Chinese national in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “D”), and 0.7g of Mepta (hereinafter “Handphone”).

B. On December 2015, the Defendant purchased KRW 400,000 and 0.7g philopon, which is a local mental medicine, in front of the F Bank located in Yeongdeungpo-gu Seoul Metropolitan Government E, in cash.

(c)

On February 1, 2016, at around 22:00, the Defendant purchased 200,000 won in cash from J, a Chinese national, in front of H station located in Geumcheon-gu Seoul Metropolitan Government, and 0.4g philopon, a local mental medicine.

(d)

On February 23, 2016, at around 22:30, the Defendant purchased 350,000 won and 0.7g philopon, which is a local mental medicine, from Lboard in Guro-gu Seoul Metropolitan Government, as an intermediary for I and M (N).

2. On February 23, 2016, around 23:00, the Defendant administered a phiphone, which is a local mental medicine, in a manner that inhales smoke by heating the volume of phiphones purchased, as described in subparagraph 1-D, at the Defendant’s residence of Geumcheon-gu Seoul Metropolitan Government P 106, and by taking the volume of phiphones purchased, such as the 1-D.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of a criminal suspect A-related accomplice's judgment and surcharge);

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. concerning facts constituting an offense

1. 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 suspended execution;

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection

1. Consideration, such as the violation of the reason for sentencing under Article 334(1) of the Criminal Procedure Act and the absence of any record of criminal punishment in Korea

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