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(영문) 수원지방법원 2015.07.08 2015고단2086

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

1.20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Although the Defendant, who is not a narcotics handler, was prohibited from dealing with psychotropic drugs, megaphones (hereinafter referred to as 'copphones'; hereinafter referred to as 'copphones'), he dealt with the following phiphones:

1. Sale and purchase of phiphones;

A. At around 23:00 on May 21, 2014, the Defendant traded approximately 600,000,000 gramphones in front of the exit No. 8, in the Dongjak-gu Seoul Metropolitan Government Sail-dong, in the name of the purchase price of phiphones, to C, and 0.8 g of phiphones contained in the one-time injection machine from C in the name of the purchase price of phiphones.

B. Around 23:00 on June 21, 2014, the Defendant purchased and sold approximately 600,000 won in the 8th exit of the Sail Station located in the Dongjak-gu Seoul Metropolitan Government Sail-dong in the way of sailing C with approximately 0.8g of a philopon contained in a one-time injection machine from C in the name of the purchase price of philopon.

2. At around 22:00 on February 2, 2015, the Defendant administered a philophone in a way that: (a) put the Defendant’s residence of Seongdong-gu Seoul Metropolitan Government D Apartment 114 Dong 1004, a philophone 0.05g into a single-use injection instrument; (b) dilution the crophone into a single-use injection instrument; and (c) injected the Defendant’s crophone in a way that

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (specific report of suspects), cellular phone subscribers’ personal information, and video data on resident registration cards;

1. Investigative report (including monetary details and mobile analysis and report), - Copy of data on telephone details, - Copy of text messages given and received with C, - Copy of subscriber’s personal information;

1. Report on investigation (report on the calculation of additional collection charges);

1. Application of the written appraisal (143 pages) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Management of Narcotics, Etc. (the trade of phiphones and the points of administration) concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics;

1. The scope of punishment by law: Imprisonment; and