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(영문) 서울남부지방법원 2016.02.03 2015고단5245
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

400,000 won from the defendant.

Reasons

Punishment of the crime

On July 9, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Narcotics Control Act in the Seoul Southern District Court on July 9, 2014 and completed the execution of the sentence on October 26, 2015.

Even if the Defendant is not a narcotics handler, the Defendant handled Metrophographs (one philophone, hereinafter “philophones”) as follows.

1. On November 6, 2015, the Defendant: (a) purchased approximately nine g of oponon from a person with no personal name in the vicinity of the D Age Club located in Nam-gu Incheon Metropolitan City, Nam-gu; and (b) decided to keep approximately eight g of oponon on November 26, 2015, from F in Gangseo-gu Seoul Metropolitan Government E, about 8.676g of oponon on a plastic bag, in a plastic bag.

2. Medication of phiphones.

A. On November 6, 2015, at around 01:00, the Defendant injected approximately 0.03g of philopon into a single-use guest room located in Nam-gu Incheon Metropolitan City, Nam-gu, in a way of injecting it into the arms after inserting it into a single-use guest room.

B. On November 11, 2015, at around 00:00, the Defendant administered approximately 0.03g of philopon in a mutual influoral guest room located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, by burning it to coffee.

(c)

On November 16, 2015, at around 23:00, the Defendant administered approximately 0.03g of philopon to coffee at a mutually influoral guest room located in the Nam-gu Incheon Metropolitan City, Nam-gu.

(d)

On November 24, 2015, the Defendant, at around 18:00, administered an elementary school-friendly alcoholic beverage at a mutual influent restaurant located in Yeonsu-gu Incheon Metropolitan City Cheongbudong, and then injected it by inserting approximately 0.03g of philopon into a single-use injection machine at the above restaurant toilet, and dilution it with a raw water, in a way of injection.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement prepared in the I;

1. A protocol of seizure and a list of seizure;

1. Investigation report (related to the measurement of samples used for the analysis apparatus of harmful substances);

1. Investigation report (related to the test of narcotics and measurement of the weight thereof);

1. The response to the request for appraisal; and

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