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(영문) 서울북부지방법원 2020.05.20 2019고단5562
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person other than a person handling narcotics, shall not sell, deliver, or administer a psychotropic drug campopon (hereinafter referred to as “coponon”), and the defendant shall not be a person handling narcotics.

1. On November 1, 2019, the Defendant: (a) decided to purchase phiphones from B, a seller of phiphones contacted through telegram; and (b) sold phiphones in the vicinity of Gangnam-gu Seoul, Seoul, around November 1, 2019, in the vicinity of the said building, the Defendant: (c) sold phiphones in a way that he gets a cigarette with a total of KRW 700,00 in cash at the middle of the said building, which is the place designated by the said B, and sells phiphones by carrying approximately 0.8g of phiphones from the said chemical, which is the place known by the said B.

2. Medication of phiphones.

A. On November 1, 2019, at around 02:30, the Defendant administered phiphones by inserting approximately 0.08gopon into a single-use injection machine, melting them into water, and administering them on the part of the Defendant’s arms.

B. At around 01:00 on November 5, 2019, the Defendant administered chophones by inserting approximately 0.08g of philophones into a single-use injection machine, melting them with water, and administering chophones on the part of the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B;

1. A report on investigation (in addition to the bill of indictment, etc. of the relevant suspect B), the indictment;

1. The application of Acts and subordinate statutes of each request for appraisal, reply and narcotics appraisal report;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. (700,000 won);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is to avoid the body and mind of an individual.

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