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(영문) 서울남부지방법원 2017.05.31 2017고단1965
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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. Purchase and medication of Mept Mepters on April 1, 2017;

A. On April 1, 2017, the Defendant paid 400,000 won to D at the front road of Guro-gu Seoul Metropolitan Government, and received approximately 0.7 g of Melop (hereinafter “Melopon”) delivery of a Melopter, which is a local mental medicine that is contained in vinyl pool.

B. The Defendant, like the foregoing in the preceding paragraph, administered approximately 0.7g of philophones purchased at the Defendant’s house located in Guro-gu Seoul Metropolitan Government, Guro-gu, 202, in the same manner as the preceding paragraph, opened up on the gambling place, opened the string of philophones by heating the strings, and inhaled the vapors from the philophones created by water diseases.

2. Purchase and medication of Mept Mepta on April 19, 2017;

A. On April 19, 2017, the Defendant transferred KRW 7,500,000 to E’s new bank account (F) around the new wall, and received approximately KRW 1.4 g of a philopon, which is divided into one plastic blicker in front of Guro-gu Seoul Metropolitan Government and two plastic blicker in a small plastic blick.

B. The Defendant conspiredd with one male male with his friendship G and name in a single-gu, Guro-gu, Seoul Metropolitan Government, and the Defendant’s house located in the Defendant’s house located in the same day as the preceding paragraph, and injected approximately 1.4g of philophonephones purchased in the same manner as the foregoing “1-B”.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Police seizure records (No. 122 pages of investigation records);

1. A written appraisal of each drug;

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

1. Article 60(1)2 of the Act on the Control of Narcotics, Etc. and Article 4(1)1 of the Act on the Management of Narcotics, Etc. and Article 2 subparag. 3(b) of the Act on the Management of Narcotics, etc., for each of the relevant criminal facts and the choice of 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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Narcotics, Etc.

1. The Act on the Control of Narcotics, Etc. is additionally collected.

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