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(영문) 서울북부지방법원 2016.07.06 2016고단1536

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1, 2, 3 and 4 shall be forfeited from the accused.

Reasons

Punishment of the crime

[Criminal Records] The case: The judgment of violation of the Act on the Control of Narcotics, Etc., which was sentenced by the Incheon District Court on March 19, 2014: Imprisonment with prison labor for one year and six months: the termination of the execution of sentence in the Ansan Prison on July 23, 2015 / [criminal facts] No person who is not a narcotics handler nor a person who handles narcotics, etc., shall sell, deliver, receive, or administer mectoptopy (one penphone; hereinafter referred to as "optopon"), which is a local mental medicine, and the defendant is not a person who handles narcotics, etc.

1. On April 25, 2016, the Defendant: (a) reported to a police officer who is suspected of transporting materials as narcotics, and received 170,000 won in cash from F in the E station parking lot located in Ansan-si, the Defendant: (b) paid F in advance a 170,000 won in cash to F; (c) received approximately 10,000 g of opon from a pen sent at around 18:45 on April 29, 201; and (d) received approximately 10 g of opon from H No. 1 on the street in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, to trade opon by receiving approximately 10 g of opon from a pen sent at around 1:0 in the middle of the H station in Seoul Special Metropolitan City.

2. On April 27, 2016, the Defendant received and administered oponon from F with approximately 1g of opon from F within the numberless car operated by F in the parking lot in the uppermost area on April 27, 2016, and then administered 0.25 g of the said opon in the Defendant’s residence at around 23:00 of the same day after inserting the volume of 0.25 g of the said opon into a single copon in a single copon and dilution with water to the Defendant’s arms. At around 01:00 on the following day, around 23:00, and around 24:00 on each of the above dwelling places, the Defendant administered opon in the same way as copon in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the seizure protocol and reply result;

1. Article 60(3) and Article 60(1)2, Article 4(1), subparagraph 3(b) of Article 2, Article 60(1)2, Article 4(1) and Article 60(1)2, and Article 4(1) and subparagraph 3(b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on the criminal facts;

1. Imprisonment with prison labor for choice of punishment;

1. Aggravation of repeated crimes;