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(영문) 서울북부지방법원 2019.01.30 2018고단3147
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

The defendant is not a person handling narcotics.

1. Violation of the Act on the Control of Narcotics, etc. - No one who occupies an advertisement shall widely inform or present information on the trading, receipt, and delivery of psychotropic drugs by any person other than a person handling narcotics, etc. to any other person;

On August 19, 2017, the Defendant posted a letter "C 1st and second-class toilets in Gangwonwon B," which read "D," which is "Seoul even air (referring to a injection machine containing a small air, a psychotropic drug, a Melopon (hereinafter referred to as a "philopon"), clopon (referring to a philopon), an flopic shock, EF, and sampling possible," with access to "D," which is a mobile phone-type display.

Accordingly, the defendant, who is not a person handling narcotics, was widely known to others by means of telecommunication to sell or receive phiphones.

2. Violation of the Act on the Control of Narcotics, etc. (flavoring) - The Defendant, at the same place as before September 24, 2017, demanded the seller of philophones on the Internet surface to make 0.0116g of philophones contained in vinyl in vinyl G apartment shop, and caused H to the effect that the Defendant’s writing on the Defendant’s philophone sales advertisement was placed in the Defendant’s philography toilet, and that H, who contacted the Defendant through the above “D, has confirmed that philophone samples were placed in the glography G toilet in Daegu Llogu, 201 and purchased more quantity.” The Defendant, around September 25, 2017, caused H to bring about the philophones within the above toilet around 08:50.

Accordingly, the defendant accepted philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The police seizure record and the list of seizure;

1. A report on internal investigation (attaching letters posted for the sale of Internet phiphonephones);

1. Test results;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 1 of the Act on the Management of Narcotics, etc. by Which criminal facts are applicable and punishment is selected;

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