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(영문) 서울남부지방법원 2018.09.12 2018고단2840
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. On February 13, 2018, the Defendant purchased approximately KRW 200,000 in cash from D hotel front of Guro-gu Seoul Metropolitan Government D hotel, with approximately 0.3g g of Mesofts (one philopon; hereinafter “philopon”).

2. On February 13, 2018, at around 23:00, the Defendant: (a) opened approximately 0.1g of philophones purchased from E, as described in the foregoing paragraph (a) at the residence of the Defendant of the 1st floor underground of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu; (b) opened approximately 0.1g of philophones purchased from E on a gambling ground; and (c) administered them in a manner that inhales it

3. At around 01:00 on February 14, 2018, the Defendant administered approximately 0.1g of philopon, along with the above E, at the above D’s hotel room. B in the same manner as the written in this paragraph.

4. On February 2, 2018, the Defendant administered approximately 0.15g of philopon, together with F, in the manner described in the paragraph (b) above, from the Itel J, a residence of F located in the Nam-gu Incheon Metropolitan City H around the middle am of February 2018.

5. At around 11:00 on April 11, 2018, the Defendant administered approximately 0.05g of penphonephones purchased from E, as described in the foregoing paragraph (a), at the residence of the Defendant of the first floor underground of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, for approximately 0.05g, as described in the foregoing paragraph (b).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement made by the police for E;

1. Investigation report (calculated of an additional collection charge against a suspect A);

1. Response to a request for appraisal;

1. Application of statutes on site 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 proviso to Article 67 of the Narcotics Control Act;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the background and content of each of the instant crimes; (b) the number and frequency of the purchases and medication; (c) the volume of handling; and (d)

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