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(영문) 서울동부지방법원 2019.09.05 2019고합203
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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, as a Chinese national, has published a sales advertisement in “B”, which is an exclusive site for Internet same-sexs, and has sold temporary narcotics.

On March 7, 2019, at around 17:00, the Defendant’s residence located in Seongdong-gu Seoul Metropolitan Government, was designated as a temporary narcotics of 2th category, and this part of the indictment is also indicated as “subethyl ethyl”, but this part of this part of the indictment is clearly indicated as “proppropyl nitrit” in the indictment, but it is apparent that the “proppropy nitt” was detected in the above Byung as a result of the analysis of narcotics ingredients, and this part of the indictment is designated as a temporary narcotics of 2nd category, which are identical to the nitrithic nitt, so even if used, it is judged that there is no disadvantage for the Defendant’s defense.

1 disease 28.10g in the kimchi, and in the case of keeping 28.10g in the kimchi, in the front of the Darsenal Station of Jongno-gu Seoul Metropolitan Government Jongno-gu Seoul Metropolitan City, he possessed 2 military temporary narcotics in the manner of possessing ethyl ethyl 2 disease 158.3g in water.

The indictment contains "temporary narcotics for sale", but the prosecutor's application for modification of the indictment contains "Article 61 (1) 8 and Article 5-2 (5) 3 of the Act on the Control of Narcotics, Etc." in the applicable provisions of the Act, and the above subparagraph 3 prohibits anyone from possessing, possessing, using, transporting, managing, administering, or storing temporary narcotics, etc. regardless of the purpose thereof, and deleted "for sale".

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Investigation report (related to arrest of a suspect and additional confiscated articles, replys to requests for appraisal);

1. Application of the statutes designated and publicly announced for temporary narcotics;

1. Imprisonment with prison labor under Article 61 (1) 8 and Article 5-2 (5) 3 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense;

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