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(영문) 서울북부지방법원 2016.06.29 2016고단1178

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

1.0,000 won shall be additionally collected from the defendant.

The above additional collection shall be reasonable.

Reasons

Punishment of the crime

[Criminal Records] The case: The judgment of violation of the Act on the Control of Narcotics, Etc. sentenced by the Gwangju District Court on January 22, 2015: Imprisonment with prison labor for one year: the termination of the execution of sentence of the Mapo Prison on December 1, 2015 / [criminal facts] No person who is not a handler of narcotics, etc., shall arrange for the sale of, receive, possess, administer, etc. Mempiles (one philopon; hereinafter referred to as "philopon"), which is a local mental medicine, and the defendant is not a narcotics handler.

1. On March 11, 2016, the Defendant: (a) received KRW 100,000,000,000,000,000,000 from the insular telephone near the hospital located in the Busan Young-gu, Busan; (b) received the request from E to request from his/her native E to request the purchase of the phiphone; and (c) received the remaining 9,50,000,000,000 won for the purchase of the phiphone; and (d) assisted the purchase of the phiphone between the insular and E to sell approximately 2.8g of the phiphone to E, thereby arranging the purchase of the phiphone.

2. At the same time and place as set forth in paragraph 1, the Defendant received approximately 0.1g of philophones from the above E without compensation and received the philophones.

3. On March 27, 2016, the Defendant administered philophones by inserting approximately 0.1g of philophones into a single-use injection instrument and dilution them into a part of the Defendant’s body, at around 19:00, the Defendant administered philophones in a way of injection into a part of the Defendant’s body.

4. On March 29, 2016, at the front of the D hospital referred to in paragraph 1, around 16:10, the Defendant: (a) stored a disposable injection device containing approximately 0.16g of philopon in the Defendant’s home page and carried a philopon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to E;

1. Application of the Acts and subordinate statutes notifying seizure records and appraisal results;

1. Imprisonment with prison labor for a crime under relevant Article of the Act and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (i) of Article 2 of the Act on the Selection of Narcotics, Etc. and the Management of Narcotics, Etc.;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The aggravated Criminal Act for concurrent crimes.