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(영문) 서울동부지방법원 2018.07.25 2018고단1828
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

A person other than a narcotics handler shall not possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, give or receive, trade, arrange for trade of, or provide narcotics or psychotropic drugs, and the defendant is not a narcotics handler.

1. On April 17, 2018, the Defendant: (a) was able to receive a request from the C that the Plaintiff would drive the instant mar or the mar car parked in front of the B school located in Chungcheongnam-si, and receive a request from the C that the mar or the mar car parked in front of the mar or the mar car would take over as a source of viewing; and (b) was able to hear that the mar or the mar car is being stored as a part of viewing by the C during the operation of the mar or the marc in front of the marc, a local mental medicine within the said vehicle, and was able to receive a statement from C that the marc phone was stored in three for a single-time injection machine; and (c) on the same day, at around 01:00, the marcopon was administered once in the toilet of the building located in Suwon-gu, Suwon-si, a single-use injection machine.

As a result, the Defendant, who is not a narcotics handler, administered the Mepta, which is a local mental medicine.

2. On April 17, 2018, the Defendant, holding Mepters, carried mephones remaining after the medication at the front of Suwon-si D, Suwon-si around 01:30 on April 17, 2018.

As a result, the defendant was not a handler of narcotics, but possessed a Mepta, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the interrogation of suspects of the accused, C, and E by the prosecution;

1. Written replys to written expert evidence, and written replys to the seized articles;

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

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

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. The observation of protection, order to provide community service and order to attend lectures under Article 62-21 of the Criminal Act;

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