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(영문) 서울남부지방법원 2021.01.26 2020고단3600

마약류관리에관한법률위반(향정)

Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Records] On September 15, 2020, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Southern District Court on September 15, 202, and the above judgment became final and conclusive on September 23, 2020.

[Criminal facts] 2020 Maz. 3600

1. Even if the Defendant is not a narcotics handler, he handled the Megatop clop (one philopon; hereinafter “philopon”) which is a local mental medicine as follows:

On April 1, 2020, the Defendant: (a) had D put 0.07g of philophone into a single-use cronon; (b) d in a single-use cronon; (c) dilution into water; and (d) administered philophones by having the Defendant injection into the Defendant’s arms.

"200 Highest 5088"

2. Even if the Defendant is not a narcotics handler, the Defendant treated the Mepter (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

On March 24, 2020, the Defendant: (a) inserted 0.05g of philophone into a single philophone at the construction site of an insular apartment located in Sungnam-si; and (b) injected philophones in a way that allows the Defendant to injection in hand, etc. more than after dilution with water.

Summary of Evidence

[200 Highest 3600]

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. A report on investigation (calculated additional collection charges);

1. A narcotics appraisal report (2020 order 5088);

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Copy of the protocol concerning the examination of suspect concerning F by the prosecution;

1. A written confirmation of the results of urine testing and a written confirmation of the results of urine reaction testing by private persons;

1. Investigation report (calculated of additional collection charges) (pre-marketing department);

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (the facts pending in an appellate trial);

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Management of narcotics, etc. additionally collected;