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(영문) 서울중앙지방법원 2017.11.23 2017고단6961
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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Mepter (hereinafter referred to as “philopon”) and MDMA (hereinafter referred to as “xeropon”) as follows.

1. Medication of phiphones;

A. On July 7, 2017, at around 00:00, the Defendant administered phiphones in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, and D’s hotel 703, in a way of dilutioning a non-fluoron (i.e., daily dose 0.03-05g), into a single-use crophone, and injection into a single-use crophone.

B. On July 7, 2017, at around 06:30, the Defendant administered phiphones in the guest rooms with the above “D” hotel Nos. 4, in the foregoing manner.

(c)

On July 18:30 on July 7, 2017, the Defendant, in Jongno-gu Seoul and in F hotel “F hotel” around 18:07, put in a glass pipe a non-fluoron (ordinaryly 0.03-0.05g, once administered one time to 0.03-05g) and then injected a penphone in a manner that inhales it.

(d)

On July 8, 2017, the Defendant administered phiphonephones in East-gu G, H hotel 405, in the same manner as the above paragraph (A).

2. Around July 18:30 on July 7, 2017, the Defendant administered an X-type dose in a way that he saw the “F hotel” “F hotel” display at around 18:07, using the x-type 1/2 method along with water.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A copy of the protocol concerning the examination of suspect with regard to I (including substitute part);

1. Protocols of seizure and list of seizure (lists of evidence 12, 13);

1. Application of Acts and subordinate statutes of each letter of appraisal of narcotics (pines, hairs, seized smoking machines);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (the points of philophones and X-type medication) and the selection of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Management of narcotics, etc. additionally collected;

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