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(영문) 서울남부지방법원 2018.08.08 2018고단1758
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 6 shall be confiscated.

From the defendant, 300.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. The Defendant is obvious that the “2017....” written indictment in 2018 is a clerical error.

1. 2. Around the time of self-determination, in Suwon-si Suwon-si Belchographing room, a part-timeman D, with a part-time mental medicine 0.03 g of Mesofts (one philopon; hereinafter “philopon”) purchased from a non-personally-known person, were delivered without compensation in a disposable injection machine, and delivered free of charge the philopon 0.04 g of philopon on the part of E, which was scoponed through a short-time painting, to E, at the same time and place, and received.

2. At the time and place described in paragraph 1, the Defendant injected 0.03g of philophones into a disposable injection instrument and dilution with biocom, and administered them by means of injection to the right side of the Defendant.

3. The Defendant is obvious that the “2017....” written indictment in 2018 is a clerical error.

1. 4. 16:40 Mayang-si Fel Ghophones, as described in paragraph 1, contain two disposable 0.3g gramphones purchased from a person without his/her name, and carry a total of 0.54g grophones, such as 0.54g, which are placed on the table of the customer room in a plastic bag, 0.19g of rophones, which are put in a plastic bag, and 0.05g of 0.05g in a disposable injection machine and are placed in a retail machine for the left-hand side of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. A report on investigation (calculated additional collection charges);

1. A protocol of seizure and a list of seizure;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows.

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