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서울남부지방법원 2015.10.28 2015고단2465
마약류관리에관한법률위반(향정)
Text

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

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

[2015 Highest 2465]

1. The Defendant is not a narcotics handler.

On January 22, 2015, around 22:00, the Defendant injected approximately 0.05g of Mesofta (hereinafter “Handphone”) a psychotropic drug brought by pro-Japanese E in a psychotropic car owned by the Defendant, which was parked on the road located in Yeongdeungpo-gu Seoul Metropolitan Government “C” on the road located in Yeongdeungpo-gu Seoul Metropolitan Government, and injected the Defendant’s arms by inserting approximately 0.05g of Mesofta (hereinafter “Handphone”).

Accordingly, even if the defendant is not a narcotics handler, he administered philophones in collusion with E.

[2015 Highest 3460]

2. The Defendant is not a handler of narcotics.

필로폰 매수의 점 피고인은 2015. 5. 17. 20:00경 부산 동구 F 앞길에서 스마트폰 채팅 어플 ‘즐톡’을 통해 알게 된 G으로부터 필로폰 3.5g을 매수하고, 그 대가로 G에게 150만 원을 교부하였다.

Accordingly, the defendant purchased philophones.

B. (1) At around 01:00 on May 18, 2015, the Defendant administered 0.07g of philophones purchased from G as above, in a single-use, and in a way of injecting into the left arms by dilution, from among the philophones purchased from G as seen above, at the time of Heungi-si, the Defendant’s residence.

(2) On May 18, 2015, the Defendant was above 10:00.

at the same place as the subsection (a).

In such a way as described in the foregoing paragraph, 0.07g of philophones purchased from G was administered.

Summary of Evidence

【Fact 1, 2015 Highest 2465】

1. Defendant's legal statement;

1. Copy of the protocol concerning suspect interrogation of E;

1. A written appraisal [each fact set forth in subparagraph 2 at the time of market, 2015 Highest 3460];

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to the investigation report (as to attachment of the A’s currency details);

1. Article 60(1)2, Article 4(1), and Article 2 subparag. 3(b) of the Act on the Prevention of Narcotics, Etc., Article 30 of the Criminal Act (the point of the first philopon medication and the choice of imprisonment), Article 60(1) of the Act on the Control of Narcotics, Etc.

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