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(영문) 인천지방법원 2015.04.22 2015고단597
마약류관리에관한법률위반(향정)등
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 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. On September 14, 2014, at around 19:40, the Defendant received approximately one gram of philoopon from B, who was aware of psychotropic drugs, at the front of the exit of the new line, No. 1 in the new line in Jung-gu Seoul, Jung-gu, Seoul, at the request of the Defendant, sold the psychotropic drugs, and received approximately one gram of phiopon.

Around that time, the Defendant, within a passenger car near the said new town No. 1, sent C with the said penphone to C and received KRW 700,000 from C, and then delivered the said money to B who was in charge of the said vehicle.

As such, the Defendant assisted the sale of philophones.

2. On November 201, 2014, at around 22:00, the Defendant, at the Defendant’s house located in Jung-gu Seoul Central District, sealed approximately 0.5g of marijuana pipes made of stuffed from the Defendant’s house located in Jung-gu Seoul Central District, and smoked in a way of smoke by inserting a fire.

3. On November 22, 2014, at around 01:00, the Defendant smoked approximately 0.5g of marijuana in the same place as in paragraph (2).

4. On November 24, 2014, at around 11:05, the Defendant stored approximately 0.85g of marijuana, which was accumulated in a gambling place at the same place as that set forth in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning C;

1. Each protocol of seizure;

1. Requests for each appraisal;

1. Application of investigation reports (related to the cancer transaction price of narcotics and collection thereof);

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, etc., Article 61 (1) 6, and Article 4 (1) of the Act on the Control of Narcotics, etc., Article 61 (1) 6 of the Narcotics, etc., Article 61 (1) 6 of the Act on the Control of Narcotics, etc., Articles 60 (

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Confiscated narcotics;

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