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(영문) 대전지방법원 2018.11.09 2018고단3071
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

Despite the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Metropha (copopon, hereinafter “coponon”) which is a local mental medicine as follows.

1. On June 16, 2017, the Defendant remitted 7.50,000 won of philophone sales to B of philophones, and around that time, the Defendant purchased philophones by using the clophones "Clogram" method, which brings about about 1g of philophones concealed in the instant B’s B’s B’s non-sublet-fire at the Daejeon Dong-dong housing unit, and then purchased 4g of philophones in total four times from that time to April 20, 2018, such as the Llograms (number) list of crimes in attached Form 1.

2. On June 16, 2017, at the Defendant’s residence located in Seo-gu Daejeon, Seo-gu, Daejeon, and D, the Defendant administered approximately 0.1g of opon to beer by dilution it with beer, and thereafter, the Defendant administered opon over 33 times in total, such as the copon (Medication) in attached Form 2, from June 7, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A copy of the deposit transaction certificate B; and

1. Each response to a request for appraisal;

1. Application of Acts and subordinate statutes of the investigative report (Attachment to the decisions, etc. on B related to this case);

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. under the relevant Act concerning criminal facts; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (referring to the purchase of phiphones); Articles 60(1)2, and 4(1)1, and 2 subparag. 3(b) (referring to the administration of phiphones) of the relevant Act concerning criminal facts; each choice of imprisonment;

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 Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) does not specify the volume of philopon purchased by the defendant and the frequency of medication, but the defendant reflects his/her mistake, has no record of punishment for narcotics crimes, and has no record of punishment for narcotics crimes

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