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(영문) 인천지방법원 부천지원 2019.10.29 2019고단2254
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

1. From the end of April 2019 to May 1, 2019, the Defendant: (a) purchased approximately KRW 0.8g of philopon from C in front of the Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) purchased KRW 0.8g of philopon through Kwikset services sent by C; and (c) purchased philopon in a way that Kwikset service article provides Kwikset service article with glopon.

Accordingly, the Defendant traded psychotropic drugs.

2. On May 2, 2019, the Defendant, around May 2, 2019, injected approximately 0.03g of phiphonephones into the left arms by dilutioning 0.03g of phiphones into aquatic water in a single-use protective room in Gangnam-gu Seoul Metropolitan Government Gangnam-gu.

Accordingly, the Defendant administered psychotropic drugs.

3. On June 15, 2019, around 14:30 on June 15, 2019, the Defendant injected approximately 0.03g of philopon into the left arms by dilutioning 0.03g of philopon into a single-use injection device within the Mato-si Ecom, Seocheon-si, Gyeonggi-do.

Accordingly, the Defendant administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (i.e., hair or liquid narcotics appraisal report and response thereto);

1. Records of seizure and the list of seizure;

1. A narcotics appraisal statement;

1. Application of Acts and subordinate statutes to photographic materials (A) and photographic materials (Evidence Nos. 35);

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (the point of trade of phiphonephones) of the Act on the Control of Narcotics, Etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of trade of phiphonephones) of the Act on the Control of Narcotics, etc., and the choice of imprisonment for each crime;

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. Article 62-2 (1) and (2) of the Criminal Act, Article 44-2 of the Medical Treatment and Custody, etc. Act;

1. Crimes related to narcotics, etc. for reasons of sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. are highly likely to have an adverse effect not only on the individuals concerned but also on the society as a whole due to their toxicity.

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