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(영문) 서울중앙지방법원 2020.11.16 2020고단4894

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant handled psychotropic drugs-related Mepters (i.e., a single philopon; hereinafter referred to as “philopon”).

1. The Defendant had a mind to purchase phiphones from a person with no name (the name of the user of the telegram “B”) via the telegram.

On April 1, 2020, the Defendant transferred KRW 600,000 to the D Bank account (Account Number: G) in the name of F, which was known by the above winners of the name in the D Bank E branch (EF center) located in Gangnam-gu Seoul Metropolitan Government, at around 16:5, the Defendant purchased a phiphone by finding one gram of the phiphone, which was contained in the plastic factoring concealed by the above winners of the name in the toilet of the commercial building located in Gangnam-gu Seoul Metropolitan Government H on the same day at around 2:00 on the same day.

2. On April 1, 2020, around April 1, 2020, the Defendant administered 0.05 gramphones by inserting 0.05 grams from the Defendant’s room located in the International Apartment J of Seongdong-gu Seoul Metropolitan Government into a single-use injection instrument and dilution water into the arms.

3. On April 2020, the Defendant administered philophones by inserting 0.05g of philophones purchased from the Defendant’s room on April 2020, as stated in paragraph (2), in a way of injecting 0.05g of philophones into a single-use injection machine and dilution them into arms.

Summary of Evidence

1. Defendant's legal statement;

1. The first and second police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to a report on internal investigation of a suspect's maternity narcotics appraisal report (related to the verification of ATM CCTV data in a DNA bank E branch);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The proviso of Article 67 of the Narcotics Control Act;