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(영문) 서울중앙지방법원 2017.05.25 2017고단2374

마약류관리에관한법률위반(향정)

Text

A 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

1. On September 2016, 2016, the Defendant: (a) received Mempopon clopon (one philopon; hereinafter “philopon”); (b) received approximately 0.07 gopon, a local mental medicine, from E, from the Defendant’s towing vehicle parked near D located in Seoul Northern-gu Seoul Metropolitan Government, on September 2016.

Accordingly, the defendant received philophones even though he is not a narcotics handler.

2. On September 2016, the Defendant received Handphones from E without compensation from the Defendant’s towing vehicle parked near D as stated in paragraph (1) of this Article, which was parked in the vicinity of D in September 2016.

Accordingly, the defendant received philophones even though he is not a narcotics handler.

3. On September 2016, 2016, the Defendant received approximately 0.07 grams from E from the Defendant’s towing vehicle parked near D as stated in paragraph (1) on September 1, 2016.

Accordingly, the defendant received philophones even though he is not a narcotics handler.

4. On April 10, 2017, the Defendant: (a) administered a philophone; and (b) possessed the Defendant, on April 10, 2017, published approximately 0.07 grams in a single-use injection instrument at the Defendant’s residence located in Gangnam-gu Seoul, Seoul; (c) injected the Defendant’s arms by dilutioning the 0.07 grams into a single-use injection instrument at the Defendant’s residence located in Gangnam-gu, Seoul; and (d) injected the Defendant’s arms by dilution the 0.07 gram of the philophone into a single-use injection instrument.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant administered and philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Records and photographs of seized articles;

1. A written appraisal (defensive or seized objects);

1. Details of mobile phone calls and photographs of text messages;

1. Application of Acts and subordinate statutes to investigation reports (to analyze and report monetary details);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.