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(영문) 수원지방법원 2018.11.02 2018고단5159

마약류관리에관한법률위반(향정)

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Defendant shall be punished by imprisonment with prison labor for 6 months for each of the crimes listed in paragraphs (1) and (2) of the attached list of crimes, and the remainder.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of three years for a violation of the Narcotics Control Act (competence) by the Incheon District Court on September 1, 2017, and the judgment was finalized on December 8, 2017. On May 24, 2018, the Defendant was sentenced to a suspended sentence of two years for six months for the same crime and was sentenced to a suspended sentence of two years for six months for the same crime, and the judgment became final and conclusive on June 1, 2018.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Metepopty (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On May 14, 2018, the Defendant: (a) contacted with C (BID “D”; (b) selling written phone in a place where the address of around 21:08 is unknown; (c) transferred KRW 400,000 to the F bank account (Account Number: G) designated by the said C; and (d) purchased written phone by finding approximately 0.5g of the said C, which the said C concealed in advance, around that time.

From that time to July 28, 2018, the Defendant purchased approximately KRW 4.5g of the total price of penphones at KRW 3.6 million by means of such a method as set forth in the attached list of crimes (1) from that time to that of July 28, 2018.

2. On May 14, 2018, the Defendant administered a philophone medication by inserting approximately 0.05g of philophone into a single-use injection machine operated by the Defendant, which was parked in a non-commercial area Seoul (Seoul) around night around the night, and inserting it into the blood transfusion after dilution with a non-commercial injection machine.

From that time to August 1, 2018, the Defendant administered 0.18g of the sum of oponphones in the same way four times, such as (2) the list of crimes in attached Form 2, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A second-time suspect examination protocol against the accused;

1. A report on investigation (calculated with a surcharge);