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(영문) 서울중앙지방법원 2017.01.26 2016고단8958
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Mepter (one philophone; hereinafter “philophone”) which is a local mental medicine as follows:

1. On November 6, 2016, the Defendant: (a) remitted KRW 2.5 million to the account of a national bank in the name of D, used by C, which is a phiphone seller, in order to purchase phiphones; (b) purchased phiphones by means of taking approximately 8g of phiphones from C at the construction site of the interior of a building in Jung-gu, Seoul, Seoul, on November 9, 2016.

2. Medication of phiphones.

A. On November 28, 2016, the Defendant: (a) inserted approximately 0.05g philophones into a single-use injection machine; (b) injected philophones into one-time injection machine; and (c) injected into one’s arms.

B. On November 28, 2016, the Defendant, at around 07:30, 07 H hotel 208 in G in the light view of the sports game, injected 0.05g philophones into a single-use injection machine, dilution with water, and administered philophones by means of injection into his arms.

3. On November 28, 2016, the Defendant, at around 09:15, carried a phiphone in a manner that puts a philophone into the guest room by inserting approximately 5.35g of philophones into the guest room, and a philophone, which contains approximately 0.05g of philophones in water, into the guest room.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. Protocols of seizure and photographs of seized articles;

1. A statement on narcotics appraisal (urine, seized, or hair);

1. Application of Acts and subordinate statutes, such as inquiry of the contents of hosting conversations and the details of transactions of admission and withdrawal (No. 117 pages);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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. Confiscated narcotics;

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