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(영문) 서울남부지방법원 2017.01.18 2016고단5446
마약류관리에관한법률위반(향정)등
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

No person, other than narcotics handler, shall sell, administer, or administer Metephopa (one philophone, hereinafter referred to as "philophone") which is a local mental medicine.

1. On February 2016, the Defendant: (a) received a written request from the sales shop of the penphone 20:00 on the first day of February 2, 2016, from approximately 0.6g of the penphone 0.6g "C", which is flick in the middle part of B located in Yeongdeungpo-gu Seoul Metropolitan Government, to request for the delivery to D; (b) then, around 21:00 on the same day, the Defendant sent the above penphone flick in the front of the "F" head office in Yeongdeungpo-gu Seoul Metropolitan Government E, to the said D; and (c) transferred 300,000 won in cash from the said D to the said "C".

As a result, the Defendant knew of the fact that the above one-person “C” trades a philopon, thereby aiding and abetting the trade of a philopon by the said method.

2. Violation of the Narcotics Control Act;

A. On February 2, 2016, the Defendant laid friendly G and opon 0.2g of philopon from the mutual influorial telephone located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, and inhaled the smoke generated by heating the bottom of the string.

Accordingly, the Defendant administered philophones.

B. On March 2016, the Defendant: (a) laid down approximately 0.2g of philopon from “C” in a 'Iel located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) laid down approximately 0.2g of philopon at a hick site; and (c) inhaled it as a hicker.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. A map output;

1. Application of the Acts and subordinate statutes of circular appraisal and response;

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts; Article 32(1)2, and Article 4(1)1, and subparagraph 3(b) of Article 2 of the Criminal Act (the act of aiding and abetting and abetting and Trading Handphones); Article 60(1)2, and Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (each penphone).

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