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(영문) 서울중앙지방법원 2017.03.30 2017고단244

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Defendant is not a narcotics handler.

1. On August 2016, 2016, the Defendant purchased a penphone by receiving approximately KRW 3 g of the Mesofter (one philopopon; hereinafter “philopon”) who is a local mental medicine from E, and granting KRW 1 million in return, from D’s hotel located in Gangnam-gu Seoul, Seoul.

2. On July 23, 2016, the Defendant administered G hotel rooms located in Gangnam-gu Seoul Metropolitan Government F by dilutioning phiphonephones with water, and by injecting them into their arms in a single-use injection machine.

3. On July 26, 2016, around 19:31, the Defendant confirmed at I points of the National Bank of Gangnam-gu Seoul, the Defendant expressed his/her intent to contact a person who is unable to know his/her name through a telegram, a social network service, and to purchase a penphone.

Since then, the Defendant transferred KRW 600,000 to the Agricultural Cooperative Account known by a person who was not aware of the above name, but failed to receive phiphones.

Accordingly, the defendant attempted to purchase philophones.

4. On October 6, 2016, the Defendant administered “K hotel” rooms located in Gangnam-gu Seoul Metropolitan GovernmentJ, dilutioning phiphones with water with water, and injected them into one’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. A protocol concerning examination of the police concerning L;

1. A statement on narcotics appraisal;

1. Application of a copy of account deposit details, a detailed statement of account deposit and withdrawal transactions, and Acts and subordinate statutes on CCTV closure photographs at the time of deposit;

1. The purchase of philopon and medication for a crime: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act (the choice of each imprisonment with labor) concerning the attempted purchase of philopon: Articles 60(3) and 60(1)2, 4(1)1, and 2 subparag. 3(b) (the choice of imprisonment with labor) of the Narcotics Control Act;

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

1. The Criminal Act, the suspension of execution;