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(영문) 서울서부지방법원 2021.01.08 2020고단3158

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On April 2019, the Defendant committed the crime: (a) around April 2019, at the “C” food store located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government around April 2019; and (b) at D’s parking lot, upon the request of D to provide that “the Defendant shall be exempt from diving,” “the Defendant shall be allowed to prescribe that the Defendant shall be exempted from diving; (c) and (d) ethyl 28 (including the ethyl content) prescribed by “F within Mapo-gu” located in Mapo-gu Seoul Metropolitan Government E.

Accordingly, the defendant provided a local mental medicine.

2. On May 22, 2019, around May 22, 2019, the Defendant, at the restaurant parking lot as listed in paragraph (1) around May 22, 2019, put D with ethyl 28 lusium containing the ethyl content, which was determined by the hospital as listed in paragraph (1) upon the request of D to “the Defendant was entitled to the exemption of diving, by prescribing the exemption of diving.”

Accordingly, the defendant provided a local mental medicine.

3. On June 27, 2019, around June 27, 2019, the Defendant, at the restaurant parking lot as listed in paragraph (1) around June 27, 2019, put D with ethyl 28 lusium containing the ethyl content, which was determined by the hospital as listed in paragraph (1) upon the request of D to “the Defendant was entitled to the exemption of diving, by prescribing the exemption of diving.”

Accordingly, the defendant provided a local mental medicine.

Summary of Evidence

1. A copy of the three-time investigation report (related to confirmation of a hospital, pharmacy, and prescription prescribed by the person under consideration), a copy of communication data response (calculated of a surcharge), a copy of communication data response (calculated of a surcharge), and the application of statutes on telephone call details to the defendant's legal statement D;

1. Article 61 (1) 5, Article 4 (1) 1, and subparagraph 3 (d) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting a crime and the selection of punishment, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (the average retail price) x 84 x 5,000 won);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;