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(영문) 대구지방법원 서부지원 2017.04.28 2017고단337
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence1 through 3 shall be confiscated from the accused.

Reasons

Punishment of the crime

[criminal history] On January 30, 2015, the Defendant was sentenced to one year and nine months of imprisonment for a violation of the Narcotics Control Act at the Daegu District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence at the Ansan Prison on April 27, 2016.

[Criminal facts]

1. A criminal defendant is not a handler of narcotics, and he/she shall not sell, possess, and administer Mespophos (one philopon; hereinafter “philopon”) who is a local mental medicine, not a handler of narcotics.

Nevertheless,

A. On January 20, 2017, the Defendant: (a) purchased and sold 50,000 won at the entrance of the Daegu-gu apartment, Daegu-gu, Seoul-gu, with D’s price for penphones; and (b) sold 0.21g of phiphones from D on the front of the Daegu-gu, Seogu, Daegu-gu, Seoul-gu, with D’s price for penphones.

B. On January 20, 2017, the Defendant 19:00, Gaur 612 in Daegu-gu, Daegu-gu, in a single-use injection device containing 0.03gopon, dilutioned water and administered phiphonephones by means of injection into the Defendant’s arms blood transfusion.

(c)

On January 23, 2017, at around 02:0, at the places indicated in paragraph 1-B, the Defendant injected water into a single-use injection machine containing 0.03 gopon, dilution, and then administered phiphones by means of injection to the Defendant’s arms blood cells.

(d)

On January 23, 2017, at around 03:35, the Defendant possessed 0.15 g of philopon on the right side of the Defendant at the International Police Station located in H of Daegu-gu, Daegu-gu.

2. On January 23, 2017, at around 02:50 on January 23, 2017, the Defendant: (a) provided a philophone with poor quality D at the places described in paragraph (b) around 1-B; and (b) supervised the Defendant.

At each time, the victim J-owned market value of 2,590,000 won in total, i.e., e., e., TV, e., liquid, electric light, and deposit glass was destroyed and damaged.

3. The Defendant, on January 23, 2017, took the clothes of the Defendant, who is an employee, to escape, from the Moel stairs located in Daegu-gu, Seogu around 03:00.

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