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(영문) 서울서부지방법원 2016.10.11 2016고단906

마약류관리에관한법률위반(향정)

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A defendant shall be punished by imprisonment for one year.

400,000 won shall be additionally collected from the defendant.

The above additional charges are imposed on the defendant.

Reasons

Punishment of the crime

On June 16, 2015, the defendant was sentenced to a suspended sentence of ten months for a violation of the Narcotics Control Act by the Incheon District Court on October 10, and the decision became final and conclusive on November 4 of the same year.

The defendant is not a person handling narcotics, and thus, shall not arrange, receive, or administer a psychotropic drug camblopon (hereinafter referred to as "camlopon").

1. On December 14, 2015, the Defendant: around 18:40 on December 14, 2015, the Defendant: (a) received from her female the F, who wants to purchase opon in the EF car parked in the street near the “D Hospital” located in Yeonsu-gu Incheon Metropolitan City, KRW 400,000,000 from her female; (b) operated the said car at around 19:00 on the same day, Ha, who is a opon seller from the G-ro of Yeonsu-gu Incheon Metropolitan City, a opon, a copon, a copon seller at around 19:30 on the said day, hopon, which was 0.7 g of the opon, which was 400,000 won in a one-time copon, and hopon to her fopon owner who was stopped from H in the above car located near the “D Hospital.”

Accordingly, the defendant assisted the trade of philophones.

2. Receipt and administration of philophones;

A. On the same day as the above Paragraph 1 above, the Defendant parked in the front side of the above D Hospital at around 19:30 on a day, and 0.05 ghnopon from the above F without compensation, put it into the disposable injection machine for use, dilution with the growth water, and then injected the Defendant’s left part of the blood.

Accordingly, the Defendant received and administered philophones.

B. At around 02:00 on December 15, 2015, the Defendant: (a) taken a philopon 0.1g from F in a guest room located in the J “J” Maurine room located in B, and took the same method as the preceding paragraph, by taking the philopon 0.1g free of charge.

Accordingly, the Defendant received and administered philophones.

Summary of Evidence

1. Legal statement of K witness K;

1. Examination protocol of the accused by prosecution;

1. The protocol of interrogation of the police officer against K.