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(영문) 서울남부지방법원 2018.11.07 2018고단4347
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. Around March 4, 2018, the Defendant: (a) promised to purchase Metepopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopic Mepopopopopopopopopic (hereinafter “Meopopopopopic Mepopic”) from the sales book of the mobile phone; (b) around 22:14 on the same day, the Defendant deposited KRW 500,000 into the No.C account (D) in the name of the NA located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu; (c) around 01:20 on March 5, 2018, the Defendant purchased 1gopopopicopopicopopopic from which the said non-opopopopic person is hidden prior to the sale of the first floor of commercial housing located in Gangnam-gu, Seoul.

2. On March 5, 2018, the Defendant: (a) around 01:30, the Defendant issued phiphones to F without compensation about 0.2 g of phiphones in the Defendant’s car parked in the Seoul Gangnam-gu Seoul Metropolitan Government area; and (b) around 02:30 on the same day, the Defendant issued the phiphones to F without compensation about 0.6 g of phiphones in the H hotel’s room located in Nam-gu Incheon Metropolitan City, Nam-gu.

3. On March 12, 2018, the Defendant: (a) at around 22:32, the Defendant: (b) had a philopon in contact with a junopon 1007 guest rooms located in Seongdong-gu Seoul Metropolitan Government I and carried a philopon by keeping one 0.35g of a philopon in a vinyl room to deliver it to women on a day; and (c) had a philopon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Report on investigation (in cases of seized articles prescribed in subparagraph 1 above, response to requests for investigation and results of appraisal), investigation report (calculated of additional collection charges);

1. Protocols of seizure and list of seizure (No. 4 and 5 No. 5);

1. Application of the Acts and subordinate statutes on storage photographs of mobile phones and hosting details;

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. Suspension of execution;

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