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(영문) 청주지방법원 2017.08.10 2017고단1364
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Sale of a clopopon (one copon; hereinafter referred to as a "copon");

A. On February 18, 2017, around 21:00, the Defendant sold approximately KRW 0.2g 10,000,000, to D from the street at the entrance of Heung-gu Seoul apartment complex 2 to D.

B. On April 10, 2017, around 00:40, the Defendant sold approximately KRW 0.3g 2.80,000 to said D’s penphone at the entrance street of the above C apartment.

(c)

On April 10, 2017, around 06:50, the Defendant sold approximately KRW 0.3g 2.80,000 to the said D’s entrance path of the above C apartment.

(d)

On April 15, 2017, at around 22:00, the Defendant sold approximately KRW 0.3g 1.50,000 to the said D’s entrance path of the above C apartment.

2. Medication of phiphones.

A. On April 10, 2017, at around 01:20, the Defendant collected approximately 0.03g of philopon from the Defendant’s residence toilet No. C Apartment 205-dong 806, to a single-use injection machine, injected it into the Defendant’s arms and administered philopon.

B. On April 15, 2017, at around 22:30, the Defendant injected approximately 0.02g of philopon into a single-use injection machine, dilution with bio-related, and injected philopon into the Defendant’s arms.

(c)

On June 2017, at around 19:00, the Defendant injectedd approximately 0.02g of philophones into a single-use injection machine, dilution with bio-dives, and injected philophones into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the prosecution of D and the interrogation of suspects by the police;

1. Written statements made by the police and the prosecution with regard to D;

1. Responses to requests for appraisal, and additional responses to requests for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act on Criminal Facts (the point of sale and medication of phiphonephones), and selection of imprisonment for each sentence of 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. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

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