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(영문) 서울중앙지방법원 2016.08.18 2016고단2669
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant handled Metepha (copon, hereinafter “copon”) which is a local mental medicine as follows.

1. Purchasing philophones;

A. On November 24, 2015, the Defendant transferred KRW 200,000 to the Agricultural Cooperative Account (E) in the name of C’s mother D, paid the remainder of KRW 100,000 to C in the second floor C of the building located in Bupyeong-si F, and received a single-use injection containing approximately 0.5g of opon, in return.

Accordingly, the defendant purchased philophones.

B. On November 26, 2015, the Defendant: (a) around the G-gu Seoul Yongsan-gu, parked on the G-gu road; (b) appears to be a clerical error of approximately 0.35g of 0.5g of the written indictment from H inclopon (see, e.g., the Defendant’s police statement); and (c) KRW 3.50,000,000,000 in consideration of the disposable injection.

Accordingly, the defendant purchased philophones.

2. Medication of phiphones.

A. On November 24, 2015, the Defendant injected approximately 0.1g of philophones into one-time pots and melted them into water.

Accordingly, the Defendant administered philophones.

B. On November 26, 2015, the Defendant injected 603 Jamphones in Gangnam-gu Seoul Metropolitan Government I into water in a one-time injection machine.

Accordingly, the Defendant administered philophones.

3. On November 26, 2015, the Defendant: (a) kept philophones No. 0.36 g (i.e., philophones) from Jam 603 around November 26, 2015.

Accordingly, the defendant possessed a philophone.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of interrogation of the suspect by the prosecution and the police against the accused (including attached photographs);

1. Protocols of seizure and list of seizure (lists of evidence 3, 4);

1. Each investigation report (at least 19,20,22) and documents attached thereto;

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

1. Article 60(1)2 and Article 4(1) of the Act on the Management of Narcotics, Etc. for the sake of criminal facts and the selective punishment.

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