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(영문) 서울남부지방법원 2021.01.20 2020고단4995
마약류관리에관한법률위반(향정)등
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

[criminal record] On August 27, 2020, the defendant was sentenced to one year and two months of imprisonment, and two years of suspended execution, and the above judgment became final and conclusive on September 3, 2020.

[2] Although the Defendant is not a narcotics handler, the Defendant dealt with the Metetop clopule (one philopon; hereinafter “philopon”) and marijuana, which is a local mental medicine, as follows.

1. On May 6, 2020, the Defendant: (a) decided to purchase chophones from the sales of the non-narcotics drugs known to him via the Internet; (b) transferred the price of KRW 300,000 to B’s account; and (c) around that time, the Defendant discovered chophones located in the Daelim-dong Seoul Metropolitan Government, and then traded chophones and received marijuana by finding about approximately 0.5g of the chophones contained in the plastic chophone, the sales of which is hidden; and (d) purchased chophones and received chophones.

2. On June 2, 2020, the Defendant: (a) administered a opon; (b) administered a opon by inserting the opon from among the oponphones purchased as above in the military telecom F around 12:0 on June 12, 2020; and (c) injected it into the arms after dilution with water; and (d) removed the tobacco plant at the same place at around 12:20 on the same day, the Defendant smoked marijuana by inserting the opon’s opon amount of marijuana received; and (c) attaching the opon with the opon with the opon with the opon.

Summary of Evidence

1. Protocols on seizure of each of the defendant's legal statements, each of appraisal, and transaction details;

1. Previous convictions: Inquiry into criminal history of the accused, reporting on investigation (verification during the period of probation), and application of the sentence of the judgment;

1. Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the Act on the Selection and Control of Narcotics, Etc. for Criminal Facts, Article 61(1)6, and Article 4(1)2 (a) of the Narcotics Control Act, and Article 61(1)1 of the Act on the Management of Narcotics, Etc.

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