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(영문) 서울중앙지방법원 2016.06.28 2016고단2575

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment for one year;

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

Even if the Defendant is not a narcotics handler, he dealt with the Metepha (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.

1. On April 12, 2016, the Defendant: (a) received a request from C to request writingphones; (b) around 20:30 on the same day, the Defendant arranged to sell and purchase phiphones between C and F by putting about 0.8g of philophones contained in F in the one-time injection machine, which was received from C from F in front of the E underground roadway located in Gangnam-gu Seoul Metropolitan Government D, at around 20:30 on the same day; (c) 40,000 won of philophones received from C, and then putting them back to C.

2. On April 12, 2016, the Defendant received philophones by receiving approximately 0.06 gramphones from the above C from H telephones in Gangnam-gu Seoul on April 12, 2016.

3. Medication of phiphones.

A. On April 12, 2016, the Defendant injected approximately 0.02g of philophones received from the Defendant, as described in the foregoing 2.2, using a single-use injection device, and administered philophones.

B. On April 13, 2016, the Defendant injected approximately 0.02g of philophones received from the Defendant, as seen above 04:0, and around 512, the Defendant injected philophones into arms using a disposable injection device.

(c)

On April 13, 2016, at around 11:30, the Defendant injected approximately 0.02g of the philophones received in Gangnam-gu, Seoul, with a single-use injection device, and administered philophones, by injecting approximately 0.02g of the philophones received as above 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal;

1. Photographs;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 25);

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. Article 62(1) of the Criminal Act: