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(영문) 수원지방법원 2018.04.12 2017고단7907

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

736,00 won from the defendant.

Reasons

Punishment of the crime

1. On August 3, 2017, around 21:07, the Defendant: (a) purchased 800,000 won of philopon using mobile phones from D points located in Gangnam-gu Seoul Metropolitan Government to “E”, which is a SNS fluorculing fluor; and (b) purchased approximately 1g of fluoropon packed in plastic bags (hereinafter referred to as “E”; hereinafter referred to as “philopon”) by ordering a philopon to a seller (E: F.) who sells the philop, and then remitted 80,000 won of philopon to a new bank account H in the G’s name, at around 22:00 on the same day, at the address of Seocho-gu Seoul Metropolitan Government, a place known to the said seller, by mailing on a non-residential house located in Seocho-gu, Seocho-gu.

2. Medication of phiphones.

A. On August 3, 2017, around 23:00, the Defendant: (a) injected approximately 0.08g of the penphonephones purchased by the Defendant located in Seocho-gu Seoul Metropolitan Government I, into a single-use injection machine; (b) dilution with water; and (c) administered them by means of injection with his/her arms.

B. On November 11, 2017, the Defendant administered approximately 0.08 grams of the same method philopon at the same place as the preceding paragraph at around 21:00.

3. On November 13, 2017, the Defendant carried approximately 0.08 grams of philophones into water and in a single-use injection machine, dilution them with water, and carried them on the books of the above Defendant’s collection scheme.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A copy of each protocol concerning the examination of suspect to the prosecution against G or K;

1. Protocols of seizure;

1. Details of transactions in the H account in the new bank name G, agricultural bank customer information reply materials (defendants), CCTV images and photographs of financial institutions;

1. A written appraisal of narcotics, a written appraisal of narcotics, and an appraisal of narcotics;

1. Application of Acts and subordinate statutes to a report on investigation (the calculation of an additional collection charge);

1. Relevant Article 60 of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment, and Articles 60 (1) 2 and 4 (1) 1 and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Selection of Imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.