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(영문) 서울서부지방법원 2015.08.18 2015고단1041

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

615,200 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On February 21, 2013, the Defendant was sentenced to one year of imprisonment for a violation of the Narcotics Control Act at the Seoul Western District Court on February 20, 2014 and completed the execution of the sentence at the Seoul Western District Court on February 20, 2014.

【Criminal Facts】

The defendant is not a person handling narcotics.

A person who is not a person handling narcotics shall not receive or administer Metephopa (one philopopon; hereinafter referred to as "philopon") which is a psychotropic medicine.

1. Around 01:00 on March 28, 2015, the Defendant received philophones by putting off approximately 0.64g of philophones contained in vinyl paper to E in front of the D located in Seoul Special Metropolitan City, Nowon-gu, Seoul.

2. On March 22, 2015, at around 22:00, the Defendant administered phiphones by cutting off approximately 0.1g of philophones contained in the one-time injection machine from E, at the Defendant’s residence located in F 4th, Gangnam-gu Seoul Metropolitan Government.

3. Around 12:00 on April 13, 2015, the Defendant administered phiphones by taking out approximately 0.1g of philophones contained in the one-time injection machine from E, from E, into a beer, at the Hetour room located in Seongbuk-gu Seoul Metropolitan Government.

4. At around 20:00 on April 22, 2015, the Defendant administered phiphonephones by drinking approximately 0.03g of phiphones in the vicinity of J University located in Seoul Special Metropolitan City, Nowon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the statement in E);

1. ACCUSIGN test, confirmation and response to each request for appraisal;

1. Statement of seizure of each police;

1. The details of A and E currency;

1. Investigation report (specific date and time of crimes related to the E), investigation report (calculated of additional collection charges), and investigation report (verification of mobile phone call details on April 13, 2015);

1. Previous records: Criminal records, personal identifications and confinements, investigation reports (Attachment of criminal records of the same kind as a suspect), and application of statutes that include attached judgments;

1. Matters concerning the management of narcotics, etc. provided for in the corresponding Article of the Act concerning criminal facts;