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(영문) 서울중앙지방법원 2020.03.26 2020고단761
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Any person other than a person handling narcotics shall be prohibited from administering or trading psychotropic drugs, and no person shall commit any act of keeping temporary narcotics.

1. Around May 9, 2019, the Defendant: (a) provided KRW 700,000 to B; (b) requested the purchase of Metropha (hereinafter “Handphone”); and (c) B, in collusion with B, purchased psychotropic drugs by delivery of the said money to C; and (d) receiving approximately KRW 1g of “Handphone” contained in plastic packaging from C.

2. At around 00:00 on May 10, 2019, the Defendant administered psychotropic drugs, in collusion with B, by inserting in a single-use injection machine for the Defendant and B’s arms, the Defendant administered psychotropic drugs in collusion with B.

3. Around October 29, 2019, the Defendant stored temporary narcotics, etc. in the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government D, and stored erochloroethylethylide (i.e., temporary narcotics, etc.) containing approximately 0.5ml of 0.5m fluort in the compromise west (i.e., e., e., military temporary narcotics, etc. located adjacent to the bed, thereby keeping the temporary narcotics in custody.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol concerning the examination of suspect B (second time) concerning the police;

1. Protocols of seizure, list of seizure, statement of narcotics appraisal, and investigation report ( Results of appraisal during injection period);

1. The application of Acts and subordinate statutes to the calculation of additional collection charges;

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Article 30 (1) 8, and Article 5-2 (5) 3 of the Act on the Control of Narcotics, Etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the same Article, Article 30 of the Criminal Act, Article 61 (1) 8,

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 on Probation and Order to Attend Courses;

1. Article 67 of the Act on the Management of Confiscated Narcotics, Etc.;

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