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(영문) 대구지방법원 2018.03.22 2018고단287

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On July 20, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Daegu District Court, and the judgment became final and conclusive on November 4, 2017.

[Criminal facts] The Defendant is not a narcotics handler

1. On April 23, 2017, the Defendant purchased philophones with approximately KRW 500,000,000 to F before the E Hospital located in D, Changwon-si, and with approximately KRW 1.4g g of mephones, a local mental medicine, (hereinafter “philophones”).

2. On April 24, 2017, the Defendant: (a) driven a GKanbon car around 12:20 on April 24, 2017; and (b) provided I, a passenger, with approximately 0.46g of philopon contained in plastic bags and approximately 0.07g of philopon contained in plastic bags, and received philopon by free delivering I, a passenger, approximately 0.46g of philopon.

3. At around 12:40 on April 24, 2017, the Defendant: (a) laid down the Kanop car at the parking lot for the first floor located in Busan Dong-gu, Busan; and (b) philopon was administered by means of dilution with approximately 0.07g of philopon in a single-use injection machine; and (c) injection was performed by means of injection in one’s arms.

4. On April 24, 2017, the Defendant: (a) around 13:10, the Defendant: (b) around 13:5, and around 505, 2 philophones for single-use with approximately 0.05g philophones; (c) approximately 0.07g of philophones; and (d) approximately 0.66g of vinyl philophones, in a line rophone case, carried philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the results of a precise appraisal of a riverine), investigation report (the results of an appraisal of seized articles), investigation report (the attachment of an appraisal report), investigation report (the attachment of an appraisal report), and investigation report (the report on a philopon delivered to the upper F);

1. A protocol of seizure and a list of seizure;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant legal provisions and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc., for criminal facts, and the choice of a fine for negligence (Article 60 subparag. 2, 4(1)1, and 2 subparag. 3(b), and each of the defendants shall be punished.