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(영문) 서울중앙지방법원 2015.09.17 2015고단4114

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 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 handled psychotropic drugs-related Mesofts (one philophone, hereinafter referred to as “philophones”) as follows:

1. On May 2014, the Defendant: (a) in the residence of Gangnam-gu Seoul Metropolitan Government Czera 501, D containing approximately 0.03g of oponononon in a single-use injection machine; (b) dilution with biocomonon; and (c) administered opononon in collaboration with D by having the Defendant injection into the Defendant’s arms.

2. On December 24, 2014, at the F hotel hotel room located in Seoul E, G put approximately 0.03g of opononon a single-use injection machine into G, dilution with a paradon, and in collaboration with G by having the Defendant injection into the Defendant’s arms.

3. Around February 5, 2015, the Defendant administered phiphones in collaboration with the J in a 1string hotel room located in Gangnam-gu Seoul, by inserting approximately 0.03g of philopon in a single-use injection instrument, dilution with a biocom, and having the Defendant injection into the Defendant’s arms.

4. On June 18, 2015, the Defendant administered phiphones by inserting 503 guest rooms located in Songpa-gu Seoul, Songpa-gu, in a single-use injection machine, and dilution with aquatic dilution.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol against D or J;

1. Data on analysis of the details of currencies and copies of appraisal reports;

1. A narcotics appraisal statement;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of seized evidence;

1. Judgment under Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, and Article 30 of the Criminal Act concerning facts constituting an offense;

1. to 3. Each choice of imprisonment shall be limited to the joint medication of each penphone.

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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

1. An order of collection and provisional payment;