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(영문) 서울북부지방법원 2016.07.15 2016고단1824
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than a narcotics handler, shall me administer or sell Memptoptopy (one philophone, hereinafter referred to as philophones), which is a local mental medicine, and the defendant is not a narcotics handler.

1. Around 12:00 on January 13, 2009, the Defendant and C inhaled the vapors generated by heating approximately 1g of philophones through a inhaled machine made by using cats, cats, straws, etc., within a apartment in which it is impossible to know the accurate heading room located in the Cheongyang-gun, Cheongyang-gun, China, Cheongyang-gun, a city.

Accordingly, the Defendant conspired with C to administer philophones.

2. Between the Defendant and C, D, E, and F, from March 27, 200 to 23:00 on March 27, 2009, the steam generated by heating approximately 1g of phiphonephones in the manner, such as paragraph 1, was inhaled from D’s residence located in the Cheongyang-gun, Cheongyang-gun, China.

Accordingly, the Defendant, in collusion with C, D, E, and F, administered philophones.

3. The Defendant, around 12:00 on March 24, 2016, provided a draft of 500 on a G apartment in front of the G apartment located in the Cheongyang-gun, a Chinese Cheongyang-gun, for a purchase of approximately 1g of a penphone in China. At around 13:00 on the same day, the Defendant administered a phiphone in a manner that inhales steam generated by heating the phiphone, which was purchased in accordance with the method as above, from 1101 to 1101 of the G apartment 10-dong 101, the Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to reply to the result of appraisal;

1. The relevant Article of the Act on the Control of Narcotics, etc. and Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the former Act on the Management of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); Article 30 of the Criminal Act; Article 60(1)2 and 4 subparag. 3(1), and subparagraph 3(b) of Article 2 of the Act on the Control of Narcotics, Etc.; imprisonment with prison labor for each crime;

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. Protection observation;

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