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(영문) 서울북부지방법원 2016.06.15 2016고단955

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for two years.

The amount of KRW 5050,000 shall be collected from the defendant.

The above additional collection shall be reasonable.

Reasons

Punishment of the crime

[Criminal Records] The case: The contents of the judgment of violation of the Act on the Control of Narcotics, Etc. sentenced on May 14, 2015: Imprisonment with prison labor for eight months and two years of the suspension of execution: the final judgment of May 22, 2015, which became final and conclusive on April 12, 2016, and the other criminal records of the same kind are more than four times in the final judgment of April 12, 2016 / [criminal facts] No person other than the handler of narcotics, etc., shall administer, sell, or sell the Mepta (one philopopon; hereinafter referred to as "philopon"), which is a local mental medicine, and no person shall smoke marijuana; and no person shall the defendant treat narcotics, etc.

1. Violation of the Narcotics Control Act;

A. On June 2015, the Defendant purchased and sold philophones by receiving approximately KRW 2.5 million from E and selling approximately KRW 6g of philophones at the office of “D” located in Gangdong-gu Seoul Metropolitan Government around the end of June 2015.

2) On February 16, 2016, around 19:00, the Defendant: (a) received KRW 2.5 million in total from the above E and I, and sold approximately KRW 6,50,000,000, from each of the above E and I, and sold 1.2,50,000,000,000,000,000,000.

B. At around 23:00 as of January 201, 2016, the Defendant administered phiphones by inserting approximately 0.1g of phiphones into a single-use injection instrument, dilution them into the Defendant’s arms blood transfusion, and injection them into the Defendant’s arms.

2) On February 16, 2016, at around 20:00, the Defendant administered approximately 0.1g phiphones in the same way at the above Defendant’s residence.

2. On March 4, 2016, the Defendant: (a) smoked marijuana in a manner that inhales it with a fire in the hemp plant of approximately 0.5g, at around around 13:00; and (b) in a manner that inhales it by attaching it to the hemp plant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each protocol of seizure, investigation, report, appraisal and reply statute;

1. Article 60(1)2, Article 4(1), subparagraph 3(b) of Article 2, and Article 61(1)4 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense.