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(영문) 서울중앙지방법원 2016.03.31 2016고단960

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

Even if the Defendant is not a narcotics handler, the Defendant handled Metepha (copon, hereinafter “copon”) which is a local mental medicine as follows.

1. On August 14, 2015, around 20:00, the Defendant divided the “D hotel” from the guest room No. 806 near Jongno-gu Seoul Metropolitan Government, to the guest room, approximately 0.05 g of philopon, together with E, into water for a disposable injection unit, and injected into each of the following boxes.

Accordingly, the Defendant conspired with E to administer philophones.

2. On August 15, 2015, around 00:00, the Defendant divided the instant “D hotel” from the guest room Nos. 806 to the “D hotel,” in a one-time injection unit, approximately 0.05g of philopon into water, and melted them into each of the following boxes.

Accordingly, the Defendant conspired with E to administer philophones.

3. On August 15, 2015, around 19:00, the Defendant divided the “D hotel” from the guest room Nos. 806 to the “D hotel,” and divided them into water for a single-use injection unit No. 0.05g with E, and injected them into each of the following boxes.

Accordingly, the Defendant conspired with E to administer philophones.

4. On August 15, 2015, at around 23:00, the Defendant divided the “D hotel” from the guest room Nos. 806 to the “D hotel,” and divided them into water for a disposable 0.05g unit with E, and injected them into each of the following boxes.

Accordingly, the Defendant conspired with E to administer philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Investigative report (Analysis of suspect and E mobile phone calls), suspect and E transmission details at the time of crime, hotel of “D”, and location of E mobile phone calls;

1. A report on investigation (calculated of a surcharge), and the application of statutes on a part necessary for monthly trend of narcotics;

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding, Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, etc., Article 30 of the Criminal Act, and the Selection of Imprisonment with prison labor for each of the following categories:

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation;