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(영문) 서울북부지방법원 2016.06.15 2016고단751

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

1.470,000 won shall be additionally collected from the defendant.

The above additional collection shall be reasonable.

Reasons

Punishment of the crime

[Attachment of the same kind of power] Violation of the Cannabis Control Act (195): Imprisonment with prison labor for a period of one year, suspension of execution for a period of three years (196): Violation of the Cannabis Control Act (199): Imprisonment with prison labor for a violation of the 199-year Control of Narcotics Act (19): a violation of the Act on the Control of Narcotics, Etc. (200): Imprisonment with prison labor for a violation of the 1st October (200): a violation of the Act on the Control of Narcotics, Etc. (200): a person who is not a handler of narcotics, etc.; a person who is not a handler of narcotics, etc., shall not sell, receive, or administer a Metetop (hereinafter referred to as "rophonephone"); and the defendant is not a person who handles narcotics, etc.

1. On February 16, 2016, the Defendant, along with D, agreed to purchase phiphones in total of 2.5 million won by bearing 1.2.5 million won per person, and received approximately KRW 2.5 million from D, with D, in cash as the purchase price for phiphones, and received approximately KRW 6.6 g of phiphones from them. < Amended by Presidential Decree No. 27200, Feb. 16, 2016>

In this way, the Defendant conspired with D to sell and purchase phiphones.

2. Medication of phiphones.

A. On February 16, 2016, the Defendant administered a philopon with D by inserting approximately 0.05g of the philopon purchased as above in a one-time injection machine and dilution it into the Defendant’s arms blood transfusion, at around 19:20 on the same day as Paragraph 1.

B. On February 24, 2016, around 19:00 on February 24, 2016, the Defendant administered phiphones by inserting approximately 0.05g of philophones into a single-use injection machine in the F building located in Gangnam-gu Seoul Metropolitan Government, and clophones in a way of injection into the Defendant’s arms bloodline.

3. On February 21, 2016, the Defendant received Handphones: (a) around 19:50 on February 21, 2016, within D’s J-learning car parked in the alleyway near the Defendant’s dwelling place in Gangnam-gu Seoul Metropolitan Government I apartment, and (b) delivered approximately 0.05 g of low Handphones on paper to D without compensation, and received Handphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Responses to appraisal;

1. The police of D. D.