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(영문) 서울북부지방법원 2018.10.17 2018고단1657
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

548,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 29, 2015, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Narcotics Control Act at the Seoul Southern District Court on April 29, 2015 and was sentenced to three months of imprisonment for the same crime at the same court on March 23, 2016, and completed the execution of the final sentence at the Seoul Southern District Court on July 23, 2016.

Defendant is not a narcotics handler.

1. Violation of the Act on the Control of Narcotics, Etc. - On April 11, 2017, the Defendant received approximately 1.7 grams of Mebamins (one philopon; hereinafter referred to as “philopon”) which is a native mental medicine in the part of D, a drug offender, who was known at the headquarters of the Seocho-gu Seoul Metropolitan Government building B and the Defendant’s house of the Seocho-gu Seoul Metropolitan Government, and from D, a drug offender who was aware of in the past the Center for the Control of Narcotics, divided into three for a single-use, and included in three for a single-use injection.

Accordingly, the defendant accepted philophones.

2. Violation of the Act on the Control of Narcotics, Etc. - The occupation of medication;

A. On April 14, 2018, around 09:00 on April 14, 2018, the Defendant injected approximately 0.15g of philophones received as above into a single-use injection machine, dilution with bio-treatment, and injection on the part of the Defendant.

Accordingly, the Defendant administered philophones.

B. On April 18, 2018, the second criminal defendant administered approximately 0.15g opphones in the house of the above defendant around 09:30 on April 18, 2018.

3. Violation of the Act on the Control of Narcotics, Etc. - Possession of the Defendant: (a) around April 18, 2018, around 14:25, around April 18, 2018, the Defendant included approximately 1.30 grams of philophones, which are contained by dividing into two parts, in the parking lot for a single-use building in Seocho-gu Seoul Metropolitan Government, into the left-hand part of the Defendant.

Accordingly, the defendant possessed a philophone.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Protocols of police seizure and list of seizure;

1. A report on internal investigation (a copy of the suspect examination protocol and a copy of a mobile phone statement);

1. A report on internal investigation (Attachment of the details of personal phone conversations);

1. Investigation report (to attach a response to a request for appraisal by the Seoul Scientific Investigation Institute);

1. A certificate;

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