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(영문) 수원지방법원 안양지원 2019.05.10 2019고단434

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

1. On February 11, 2019, the Defendant: (a) opened a gate that was not corrected in the residence of the victim C (V, female, and 63 years old) of the former B apartment unit C (the 63 years old), and intruded into the house, and stolen KRW 200,000 in cash within the handbags owned by the victim located on the floor of the living room.

2. The Defendant is not a person handling narcotics, etc.

No person other than a person handling narcotics shall possess, possess, administer, or trade psychotropic drugs.

A. At around 04:40 on February 14, 2019, the Defendant purchased 5 g of psychotropic drugs, which are contained in plastic bags, in cash, from F, in the Defendant’s vehicle standing in front of “E” located in Gyeonggi-si, Gyeonggi-do (E), for KRW 1.4 million.

B. At around 15:00 on February 14, 2019, the Defendant administered 0.04g of phiphonephones purchased like the foregoing paragraph (a) by inserting them into a single-use injection device and dilution them into their own arms and injecting them into their arms.

C. At around 22:00 on February 17, 2019, the Defendant injected 0.04g of phiphonephones purchased, such as the foregoing paragraph (a), into a single-use injection instrument, and dilution with bio-velative water, in a way of injection into one’s arms. D.

At around 13:40 on February 18, 2019, the Defendant purchased the Maurel H, as described in the above paragraph (a), and possessed 3.07g of the remaining philopon on his own wall, in a way that they are kept in a household.

Accordingly, even if the Defendant was not a manager of narcotics, he purchased, administered, or possessed philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A protocol of suspect examination of the police officer regarding I;

1. Records of seizure and the list of seizure;

1. Photographs photographs of seized articles;

1. Written reply to a request for appraisal, and a narcotics appraisal report;

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

1. The investigation report (the specified relation of the date of the offence).