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(영문) 서울동부지방법원 2018.07.26 2018고단914
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person other than a narcotics handler shall not possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, give or receive, trade, arrange for trade of, or provide narcotics or psychotropic drugs, and the defendant is not a narcotics handler.

1. Around October 8, 2017, the Defendant: (a) received a request from B to request the Meteptoty (hereinafter “Melopon”), which is a local mental medicine, from B; and (b) received two transparent plastic bags containing 600,000 won in front of the residence of D located in Gangnam-gu Seoul Metropolitan Government; (c) received two plastic bags in front of the residence of D in Gangnam-gu, Seoul; (d) around October 9, 2017, the Defendant received two plastic bags in which the purchase price is 60,000 won and 1g of Meptoty.

As a result, the Defendant purchased Mept amba who is not a narcotics handler and is not a local mental medicine handler, and purchased Mept amba in total two times, such as the first Meba Table 1.

2. Around 02:10 on October 9, 2017, the Defendant administered a merpt medication in B’s car parked in front of a F cafeteria located in Gangnam-gu Seoul, Seoul, in a way of smoking, after putting in a tobacco paper a ster among the merpters purchased, such as a merpter’s car 1 once a day-to-day ticket of the above crime, among the merpters purchased, such as a merpter’s car once a day-to-day ticket of the crime.

As a result, the Defendant, not the handler of narcotics, administered crypt crypists over a total of twice as shown in the table 2 attached crimes, including the administration of cryp cryptopy, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of the police officers in the first and second instances related to B;

1. Written appraisal of the prosecution and the hair;

1. A investigation report (verification of the details of remittances made by B to A);

1. Application of Acts and subordinate statutes to a report on investigation (report on the calculation of an additional collection charge);

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. under the relevant Act on criminal facts;

1. The aggravated Criminal Act for concurrent crimes.

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