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(영문) 수원지방법원 2017.02.02 2016고단7809

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Meteptop clopty (one philopon; hereinafter “philopon”), which is a local mental medicine, as follows:

1. Assistance in trading and medication on March 2015;

A. On March 2015, the Defendant received 200,000 won in cash from E at the guest room located in Ansan-si, Sinsan-si, a new wall for the purchase and sale of phiphones in a way that the Defendant sent the said 200,000 won in cash to H in front of Gnart located in the Gu, Ansan-si, a member Gnsan-si, the Defendant sent the said 200,000 won in cash to H on the same day, and arranged for the purchase and sale of phiphones in a way that he receives approximately 0.4g of phiphones.

B. On the same day, the Defendant administered 0.2g of philophones received from E in return for mediating the trade of philophones at the above DMophones room, as described in the above paragraph A, in a way of dilutioning water into one-time injection and injection into one’s own arms.

2. Receipt and administration of philophones on November 2016.

A. On November 29, 2016, at around 23:00, the Defendant received delivery of a disposable injection device containing approximately 0.05g oponon from the male who was in front of the singing singing Ga located in I, J in the first place.

B. On November 30, 2016, around 05:00, the Defendant administered a medication for one’s own arms by dilution approximately 0.05g of philophonephones contained in a single-use injection device from the Sungsi-si L Manopo-si L to 605.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. On-site photographs;

1. Response to a request for appraisal - Application of the Acts and subordinate statutes on narcotics (intestine, disposable injection) ;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

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. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. / [A] 300,000 = The value of an anti-paragraph (a) of Article 1 of the ruling.