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(영문) 서울북부지방법원 2017.11.01 2017고단3460
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who is not a narcotics handler shall not administer or possess a Memptopy (one philopon, hereinafter referred to as “philopon”), which is a local mental medicine, and the defendant shall not be a person who handles narcotics.

1. On March 10, 2017, the Defendant administered philophones by means of remitting approximately KRW 100,000 to the sellers of philophones purchased by using the Internet in February of the same year, at a lodging room with a person who is a part of a scopic construction in the Young-gu, Suwon-si, Suwon-si (hereinafter referred to as “Scopic”). Around February of the same year, the Defendant administered philophones by means of drinking approximately 0.07g of philophones purchased.

2. On March 31, 2017, the Defendant possessed a phiphone by inserting the 200,000 won of philophones purchased by the Defendant parked on the street B in front of Annyang-si, Annyang-si, Annyang-si, in the same manner as the preceding paragraph, and inserting approximately 0.12 g of philophones purchased by means of the same method as the preceding paragraph, into two philophones, and storing them in the back seat of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of police seizure and list of seizure;

1. Investigation report (the result of appraisal by the National Institute of Scientific Investigation);

1. Ratification;

1. Application of Acts and subordinate statutes to a report on investigation (determined amount of property additionally collected);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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 Confiscated Narcotics;

1. For the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the scope of the final sentence according to the aggravated punishment for which there are no types 2 (the scope of the recommended punishment) in the basic area (10 to 2 years) (the scope of the recommended punishment), such as medication and simple possession of the 3 types of crimes (10 to 2 years) in the basic area (10 months) (10 to 2 years) in the basic area (10 to 3 years), (2) (the person subject to special sentencing) in the basic area (10 to 10 years): the amount of 10 to 3 years (the decision on the sentence] in the case of the rophonephone operated by the defendant;

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