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(영문) 서울남부지방법원 2018.02.14 2017고단5459

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 25, 2017, the Defendant: (a) stopped near Hongcheon-gun C around the Hancheon-gun of Gangwon-do around July 25, 2017; (b) administered chophones in a way that D put approximately 0.03g of Meptophos (one philophone; hereinafter referred to as "philophones") which is a primary mental medicine for a single-time injection machine; and (c) melts them with water; and (d) chophones are administered by the Defendant’s arms.

2. On July 27, 2017, the Defendant administered philophones in a “F” toilet located in Hongcheon-gun E around the new wall, in a way of inserting a single-use philophone into a single-use folder and melting it into water, and in an injection into the arms.

3. Around July 28, 2017, the Defendant administered phiphones by inserting approximately 0.1g of philopon in the 1stoper car parked in Hongcheon-gun G, Hongcheon-gun, and clopon into the body, melting the water into the body.

4. On July 29, 2017, the Defendant administered phiphones by inserting approximately 0.1g of philopon in the front luscopon in the front luscopon vehicle, and melting with water in the first luscopon, around July 29, 2017.

5. On October 1, 2017, the Defendant administered phiphones by inserting approximately 0.03g of philopon in a single-use injection machine and melting them into water and having the Defendant injection into his arms at around early October 2017.

Summary of Evidence

[Crimes Nos. 1 and 5 of the Judgment]

1. Statement by the defendant in court;

1. Each letter of appraisal of narcotics (the facts constituting a crime under No. 2, 3, 4 of judgment);

1. Legal statement made by a witness L;

1. Each letter of appraisal of narcotics (additional collection);

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 60(1)2 of the Act on the Control of Narcotics, Etc. and Article 4(1)1 of the Act on the Management of Narcotics, Etc. and Article 2 subparag. 3(b) of the Act on the Management of Narcotics, etc., for each of the relevant criminal facts and the choice of punishment

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