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(영문) 서울남부지방법원 2017.10.25 2017고단3684
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On January 23, 2017, the Defendant: (a) contacted the nameless influor B, via a smartphone license plate No. 2; (b) contacted the nameless influor with the mector (hereinafter “propopon”); (c) around 01:00 on the same day, the Defendant purchased a mecopon with the wheels of a car parked near D located in Geumcheon-gu Seoul Metropolitan Government; (d) KRW 400,000,000,000,000,000,0000,000,000,000,000,000, won, which was concealed in the place.

2. On January 23, 2017, at around 01:30, the Defendant, at the Defendant’s residence located underground of Geumcheon-gu Seoul, Geumcheon-gu Seoul Metropolitan E-2, opened the volume of philophones, which was in possession of F and G, above the string place, string the string of the philophones in the manner of inhaleing them by using a medication instrument made as soon as possible with water.

3. On March 2017, the Defendant, at around 21:00 on the first and second day, contacted the name in a Buddhist area of Geumcheon-gu Seoul Metropolitan Government H in the same manner as Paragraph 1, and purchased 400,000 won on a penphone by finding approximately 0.5g of the penphone, which is hidden by the name in the name in question.

4. On March 2017, 201, the Defendant administered philophones in the same manner as Paragraph 2, which had been in possession of the Defendant’s dwelling in the same manner as Paragraph 3, at around 22:00, on the first and second day.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against F and G;

1. A narcotics appraisal statement (A) (42 pages of investigation records);

1. Application of Acts and subordinate statutes concerning a criminal investigation report;

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. The choice of punishment is subject to both imprisonment and fine under Article 66(2) of the Act on the Control of Narcotics, Etc.

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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