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(영문) 대전지방법원서산지원 2020.11.11 2020고단861
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

No person, other than a narcotics handler, shall trade, assist in the trade of, give or receive, possess, possess, use, control, prepare, administer, or provide, psychotropic drugs.

Nevertheless, even if the Defendant is not a narcotics handler, he purchased and administered psychotropic drugs-related psychotropic drugs-related Mesophines (one philophone, hereinafter “philophones”), as follows:

1. On May 16, 2019, the Defendant: (a) transferred KRW 598,500 to the Korea Bank D account in the name of the Co., Ltd. (C) with the purchase price of phiphone to B, who is a philophone sales book on May 16, 2019; (b) around 02:00 the following day, the Defendant purchased philophones with the philophone 0.7g, in which the housing located in the Gangnam-gu Seoul Metropolitan Government Station Tridong, brought about by the said B.

2. Medication of phiphones.

A. On May 17, 2019, the Defendant, at around 09:00 on May 17, 2019, administered approximately 0.03g of philophones purchased, such as paragraph (1), by inserting them into a single-use injection instrument and dilution them with water.

B. Around May 18, 2019, around 09:00 on May 18, 2019, the Defendant administered approximately 0.03g of philophones purchased in the same place as that of the above paragraph (a) by inserting them into a single-use injection machine and dilution them with water to injection into the blood body.

Summary of Evidence

1. Copy of the suspect examination protocol of the police concerning the defendant's court statement B;

1. Copy of a photograph of account transactions ATM;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of a narcotics appraisal report;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the purchase and medication of phiphonephones) of the Act on the Control of Narcotics, Etc. under Relevant Acts concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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. The proviso to Article 67 of the Narcotics Control Act;

1. The amount and the same kind of penphones handled by the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act.

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