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(영문) 서울동부지방법원 2019.03.15 2019고단253

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

1,000,000 won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Criminal facts

The defendant is not a person handling narcotics.

1. Around 13:39 on December 21, 2018, the Defendant: (a) remitted the purchase amount of 1,000,000 won for philophone to the account of the Defendant-friendly job-friendly B; and (b) purchased B in front of the Do University’s emotional located in Ulsan-gu, Ulsan-gu, U.S.C. on December 26, 2018.

2. Medication of phiphones.

A. On December 27, 2018, the Defendant, at around 15:00 on December 27, 2018, injected approximately 0.05g of psychotropic drugs purchased as described in paragraph (1) at the dwelling of the Defendant of Songpa-gu Seoul E building and F, in a single-use injection machine, added approximately 0.05g of psychotropic drugs purchased as described in paragraph (1), into a single-use injection machine, dilution with water,

B. At around 07:00 on January 16, 2019, the Defendant administered approximately 0.4g of the psychotropic drugs purchased as indicated in the foregoing paragraph (1) in a way of drinking in water at the place indicated in the foregoing paragraph (1).

C. At around 18:00 on January 17, 2019, the Defendant administered approximately 0.4g of philophones purchased as stated in the foregoing paragraph (1), which are psychotropic drugs, in the manner of drinking in water. D.

At around 18:00 on January 18, 2019, the Defendant administered approximately 0.4g of the psychotropic drugs purchased, as described in the foregoing paragraph (1), in a manner of drinking in water, at the place indicated in the foregoing paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. Police and suspect examination protocol of the accused;

1. Written statement of the prosecution and the prosecutor’s seal;

1. A list of transactions;

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

1. Application of Acts and subordinate statutes to the appraisal report on narcotics (Evidence No. 16) to the maternity of a suspect A;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Prevention of Narcotics, Etc. and the Selection of Punishment, Etc. (the point of purchasing Metephama and imprisonment with labor), Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc.;