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(영문) 서울북부지방법원 2018.01.24 2017고단4705
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

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

1. On April 16, 2017, the Defendant: (a) sent a written phone to contact a nameless person who became aware of via a search via the Internet to purchase the penphone; (b) deposited KRW 500,000 in the account of a national bank account (Account Number C) in the name of “B”, which was known to the person who was not the recipient of the above name at the point of the Korean bank Samsung Samsung Samsung located in Gangnam-gu, Seoul, at the point of GHro-ro 518, and then purchased and sold a written phone by collecting approximately 0.5g of a plastic phone, which was posted by the said person without his name, from 21:00 on the same day, by mail No. 202, in Seoul, Gangnam-gu, Seoul, and at least 21:00 on the same day.

2. At around 15:00 on April 18, 2017, the Defendant administered philophones by inserting approximately 0.1g of philophones into a single-use injection machine within the vehicle operated by the Defendant, which was parked in the lower parking lot of the building located in Dongdaemun-gu Seoul Metropolitan Government Dongdaemun-gu, and dilution them with water and injection them into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A maternity narcotics appraisal report;

1. Details of transaction in the account of a national bank under B;

1. Report on investigation (A's report on the calculation of an additional collection charge) shall be applied by statutes;

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. 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. An order to observe the protection under Article 62-2 of the Criminal Act;

1. The reasoning for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (0.5g x 137,00 won x 5 = 685,00 won) is that the defendant has no record of punishment for the same crime, taking into account the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc.

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