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(영문) 서울중앙지방법원 2018.05.03 2018고단1516

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

The number of seized 23 (No. 2), the number of sapps (No. 4), the number of sapps (no. 2), the number of sapps for disinfection.

Reasons

Punishment of the crime

On June 29, 2017, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on June 29, 2017, and the said judgment became final and conclusive on July 7, 2017 and is currently under suspended sentence.

Criminal facts

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Mept Ampha (hereinafter referred to as “philophone”) which is a local mental medicine as follows:

1. On October 1, 2017, the Defendant: (a) placed in D’s E-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-C-A-U-A-U-A-U-A-U-A-U-A-U-A-U-A-U-A-U-A-U-A-U-A-U-U-U-U-A-U-U-U

As a result, the suspect received and administered philophones without compensation.

2. On January 1, 2018, the Defendant received approximately 0.5g of 20,000 philophones from D in cash on the Fcller vehicle operated by the Defendant, who was parked on the Doclcheon-si Action Dolcheon-si, Gyeonggi-do, 2018.

Accordingly, the defendant purchased philophones.

3. On February 25, 2018, at around 23:00, the Defendant injected approximately 0.03g of philopon from the subway H station near the subway station in Gangseo-gu Seoul Metropolitan Government into his arms and imported it to his arms after dilution with scopic 0.03g.

Accordingly, the Defendant administered philophones.

4. On February 26, 2018, at around 16:35, the Defendant kept a dialphone at the office of the metropolitan investigative team office of the Seoul Regional Police Agency, approximately 0.11g of phiphones.

Accordingly, the defendant possessed a philophone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police station against D;

1. Each protocol of seizure;

1. Each photograph;

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes to investigation reports (market report and calculation of collection amount);

1. Article 60(1)2 of the Act on the Management of Narcotics, etc., for the crime, and Article 4(1)1 of the Act on the Management of Narcotics, etc., for the Selection of Crimes, and Article 2 subparag. 3 of the same Act.