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(영문) 광주지방법원 2020.04.09 2020고단307

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Meblopon (one philopon; hereinafter referred to as “philopon”) as follows:

1. On October 4, 2019, the Defendant transferred KRW 100,000 to B at an irregular place, and around 22:40 on the 12th day of the same month, the Defendant purchased phiphones by means of transfer of KRW 22:40,000,000,000 lent money from the 1st floor parking lot of Gwangju Mine-gu, and one hundred thousand,000,000,0000,0000,0000,0000,0000,0000,000,000,000,000,000).

2. Medication of bodily injury and philophones;

A. On October 13, 2019, the Defendant: (a) reported on October 13, 2019, around 08:30, that the victim E (n, 24 years of age) was under the influence of alcohol in the guest room on the second floor in Gwangju Northern-gu Do; (b) took the victim’s clickphone into a single-use penphone; (c) put the victim into a single-use penphone; (d) put the victim’s loppon purchased as stated in paragraph (1) into a single-use part; and (e) put the victim’s left hand to the bloodline, such as the victim’s left hand, which requires treatment of the days of treatment; and (e) inflicted injury upon the victim by causing the victim’s physiological function, such as the generation of heat of the body of the left hand, the two parts, etc.

B. The Defendant administered philophones at the same time and at the same place as the above paragraph (a) in a way that philophones are melted in water and injected in E’s hand, etc., using the same method as above paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to the Korean photograph of the victim's cell phone, the details of conversation between the victim and B, and the details remitted to B by the defendant;

1. Relevant legal provisions and Articles 60(1)2, 4(1), and 2 subparag. 3(b) (the point of purchase and medication of written phones) of the Act on the Control of Narcotics, Etc., Article 257(1) of the Criminal Act and Article 257(1) of the Act on the Control of Narcotics, Etc., the choice of imprisonment for each crime shall be chosen;